CO 
GO 
(N 

O 
O 

o 


EXCHANGE 


PROPOSED 

AMENDED  CHARTER 

OF 

THE  CITY 
OF  LA  GRANDE 

UNION  COUNTY 
STATE  OF  OREGON 


Proposed  by  Initiative  Petition  and  Submitted  to  the  Voters  of  the  City  of  La 
Grande  at  the  General  City  Election 

December   13,   1915 


PROPOSED 

AMENDED  CHARTER 

OF 

THE  CITY 
OF   LA  GRANDE 

UNION  COUNTY 
STATK  OF  OREGON 


Proposed  by  Initiative  Petition  and  Submitted  to  the  Voters  of  the  City  of  La 
Grande  at  the  General  City  Election 

December    13,   1915 


BALLOT  TITLE 

Proposed  by   Initiative    Petition 


"An    Act    to    Amend    the  charter  of  the  City  of  La  Grande,  Union 
County,  Oregon." 


Shall  the  proposed  amendment  of  the  charter  of  the  City  of  La 
Grande,  Oregon,  including  the  amendment  of  said  Charter  providing  for 
re-assessment  for  street  improvements  already  made  be  adopted? 

Vote  YES  or  NO 


100  YES 

101  NO 


314792 


A   COMMISSION   CITY   CHARTER 


"An  Act  to  Amend  the  Charter  of  the  City  of  La  Grande, 
in  Union  County,  State  of  Oregon." 

BE  IT  ENACTED  BY  THE  PEOPLE  OF  THE  CITY  OF  LA  GRANDE: 
The  City  of  La  Grande  does  ordain  as  follows: 

Section  1.  That  the  charter  of  the  City  of  La  Grande,  in  Union  County, 
State  of  Oregon,  and  the  whole  thereof,  shall  be  and  is  hereby  amended  so> 
as  to  read  as  follows,  to  wit: 

CHAPTER  I 

OF  THE  INCORPORATION 
Creation  of  Body  Politic  and  Corporate 

Section  I.  The  inhabitants  of  the  City  of  La  Grande,  Union  County, 
Oregon,  and  of  that  part  of  the  County  of  Union  and  State  of  Oregon,  with- 
in the  limits  hereinafter  prescribed,  are  hereby  created  and  established  a. 
body  politic  and  corporate  and  declared  to  be  a  municipal  corporation  by 
the  name  and  style  of  the  CITY  OF  LA  GRANDE;  and  by  such  name  shall 
have  perpetual  succession,  contract  and  be  contracted  with,  sue  and  be  sued,, 
plead  and  be  impleaded,  defend  and  be  defended,  in  all  courts  of  justice, 
and  in  all  actions,  suits  and  proceedings  whatsoever;  may  purchase,  lease,, 
hold  and  receive  property,  real  and  personal,  within  the  said  City,  for  pub- 
lic buildings,  public  works,  streets  and  improvements,  and  all  other  muni- 
cipal purposes;  and  may  lease,  sell  and  dispose  of  the  same  or  any  part 
thereof  for  the  benefit  of  the  said  city;  and  may  purchase,  hold  and  re- 
ceive property,  both  real  and  personal,  within  or  beyond  the  boundaries  of 
said  city  to  be  used  for  city  parks,  for  burial  purposes,  hospitals,  pest 
houses,  prisons,  work  houses,  powder  houses,  for  the  erection  of  water  works, 
and  the  establishment  and  maintenance  of  a  water  system,  for  a  sewer  sys- 
tem and  disposal  plant,  for  supplying  the  City  with  electric  or  other  lights, 
and  for  other  useful,  beneficial  or  ornamental  purposes,  and  may  erect 
buildings  and  works  thereon,  and  may  enclose,  ornament  and  improve  the 
same;  and  may  control,  sell,  lease  or  dispose  of  the  same  for  the  benefit 
of  the  city  and  may  invest  and  borrow  money  and  pledge  the  credit  and 
property  of  the  municipality.  All  property,  both  real  and  personal,  be- 
longing to  or  invested  in  the  City  of  La  Grande  as  heretofore  created,  es- 
tablished and  bounded,  shall  upon  the  adoption  of  this  charter,  become  the 
property  of  and  vested  in  the  City  of  La  Grande,  as  created,  bounded  and 
established  by  this  charter;  and  said  City  may  control,  lease,  sell  or  dis- 
pose of  the  same  or  any  part  thereof  for  the  benefit  of  the  City. 
Corporation  Limits  of  the  City 

Section  2.  The  corporate  limits  of  the  City  of  La  Grande  shall  be  as 
follows:  Beginning  at  the  southeast  corner  of  Section  seven,  in  township 
three  south,  Range  thirty-eight  east  of  Willamette  Meridian,  in  Union 
County,  Oregon,  and  running  thence  west  on  the  section  line  one-half  mile; 
thence  north  on  the  center  line  through  Sections  Six  and  Seven  to  the 
south  line  of  Z  avenue,  in  Riverside  Addition  to  the  said  City  of  La  Grande; 
thence  west  to  the  center  line  of  Umatilla  street,  in  Riverside  Addition; 
thence  north  along  the  center  line  of  Umatilla  street,  to  the  center  line 
of  Lake  avenue,  in  said  Riverside  Addition,  and  thence  east  on  the  center 
line  of  said  avenue  to  the  west  line  of  the  southeast  quarter  of  the  south- 
west quarter  of  section  thirty-two,  in  Township  two  south  of  Range  thirty- 
eight  east  of  the  Willamette  Meridian;  thence  south  to  the  south  line  o^ 
said  section  thirty-two;  thence  east  along  the  township  line  to  the  north- 
west corner  of  the  northeast  quarter  of  section  five,  township  three  south, 
range  thirty-eight  east  of  Willamette  Meridian;  thence  south  along  the  cen- 
ter of  the  County  road  one-fourth  mile;  thence  east  one-fourth  mile,  and 
thence  south  three-fourths  of  a  mile  to  the  Section  line;  thence  east  to 
the  center  of  North  Willow  Street,  in  Honan's  Addition  to  the  City  of  La 
Grande;  thence  south  along  the  center  line  of  said  North  Willow  street  to 
the  junction  of  said  street  with  Willow  street,  in  Coggan's  Second  Addi- 
tion to  the  said  City  of  La  Grande,  and  thence  southwesterly  on  a  line- 


MANAGERIAL   SYSTEM 


with  the  said  center  of  said  Willow  street  to  a  point  on  a  line  running 
east  and  west  through  the  center  of  Section  eight,  in  township  three  south, 
Range  thirty-eight  east,  of  Willamette  Meridian;  thence  west  to  the  center 
of  said  section  eight;  thence  south  to  the  south  line  of  said  section  eight; 
and  thence  west  along  the  section  line  to  the  place  of  beginning. 

Changing  Boundaries  and  Annexing  Territory 

Section  3.  The  boundaries  of  the  City  of  La  Grande  may  be  altered 
and  new  territory  included  therein,  after  proceedings  had  as  required  in  this 
section.  The  Board  of  Commissioners  of  the  City  of  La  Grande,  upon  re- 
ceiving a  petition  therefor,  signed  by  not  less  than  one-fifth  of  the  quali- 
fied electors  of  said  City,  as  shown  by  the  vote  cast  at  the  last  general 
City  election  held  therein  for  the  office  of  Commissioner,  may  submit  the 
question  to  the  electors  of  said  City,  and  to  the  electors  residing  in  the 
territory  proposed  by  such  petition  to  be  annexed  to  the  City  and  become  a 
part  thereof.  Such  question  shall  be  submitted  at  a  special  election  to  be 
held  for  that  purpose,  and  the  Commissioners  of  the  City  of  La  Grande 
shall  give  notice  thereof,  by  publication  in  a  newspaper  of  general  circu- 
lation in  the  City  of  La  Grande,  and  in  such  territory  so  proposed  to  be 
annexed,  for  a  period  of  four  weeks  prior  to  such  election,  also,  by  post- 
ing notices  thereof  in  four  public  places  within  the  City  of  La  Grande  as 
well  as  in  four  public  places  in  the  territory  proposed  to  be  annexed,  for 
a  like  period.  Such  notice  shall  distinctly  state  the  proposition  to  be  so 
submitted,  and  shall  designate  especially  the  boundaries  of  the  territory 
so  proposed  to  be  annexed,  and  the  electors  shall  be  invited  thereby  to  vote 
upon  such  proposition  by  placing  upon  their  ballots  the  words  "annexa- 
tion," yes,  or  "annexation,"  no,  or  words  equivalent  thereto.  The  Board 
of  Commissioners  of  said  City  shall  also  designate  the  place  or  places  at 
which  the  polls  will  be  open  within  the  City  and  in  such  territory  proposed 
to  be  annexed,  which  places  shall  be  those  usually  used  for  such  elections 
within  the  City  and  also  such  places  commonly  used  within  the  territory 
proposed  to  be  annexed,  if  any  such  there  be,  and  shall  also  appoint  and 
designate  in  such  notice  the  names  of  the  judges  and  clerks  of  such  elec- 
tion, together  with  the  hours  of  holding  the  same.  The  Board  of  Commis- 
sioners shall  meet  on  the  Monday  next  succeeding  the  day  of  such  election 
at  one  o'clock  in  the  afternoon,  and  canvass  the  votes  cast  at  such  election. 
The  votes  cast  in  such  territory  so  proposed  to  be  annexed  shall  be  first  can- 
vassed, and  if  it  shall  appear  upon  such  proceedings  that  a  majority  of  all 
the  votes  so  cast  in  such  territory  are  in  favor  of  annexation,  then  the  votes 
cast  within  the  City  shall  be  next  canvassed;  and  if  a  majority  thereof  are 
also  found  to  be  in  favor  of  such  annexation,  then  the  Board  of  Commis- 
sioners shall,  by  an  order  entered  upon  its  records,  declare  such  annexa- 
tion and  cause  the  Recorder  of  said  City  to  make  and  transmit  to  the  Sec- 
retary of  State  a  certified  description  of  such  annexed  territory  and  an 
abstract  of  such  vote  which  shall  show  the  whole  number  of  electors  voting 
in  such  territory,  the  whole  number  of  electors  voting  in  the  City,  the  num- 
ber of  votes  cast  in  each,  both  for  annexation  and  against  annexation.  From 
and  after  the  date  for  filing  such  abstract,  such  annexation  shall  be  deemed 
complete,  and  thereafter  such  territory  shall  be  and  remain  a  part  of  the 
City  of  La  Grande.  The  judges  and  clerks  before  entering  upon  the  dis- 
charge of  their  duties  at  such  election  shall  fill  their  vacancies  if  any  and 
qualify  in  the  same  manner  as  such  officers  so  qualified  at  City  elections. 

City  Precincts 

Section  4.  For  general  purposes  the  City  of  La  Grande  is  hereby  di- 
vided into  four  precincts,  designated  and  described  as  follows:  Precinct 
Number  One  shall  include  all  that  part  of  the  City  limits  lying  south  of  a  due 
east  and  west  line  through  the  center  of  "L"  avenue  from  the  west  line  of 
the  corporate  limits  to  the  eastern  boundary  thereof;  Precinct  Number  Two 
shall  consist  of  that  part  of  the  City  lying  and  being  north  of  Precinct  Num- 
ber One  and  east  of  the  center  of  Fourth  street,  and  south  of  the  railroad 
track  of  the  Oregon- Washington  Railroad  and  Navigation  Company's  main 
line;  Precinct  Number  Three  shall  consist  of  that  part  of  the  City  lying 
north  of  Precinct  Number  One  .and  west  of  the  center  line  of  Fourth  Street, 


A    COMMISSION    CITY    CHARTER 


and  Precinct  Number  Four  shall  consist  of  that  part  of  the  City  lying  north 
of  the  track  of  said  railroad's  main  line,  and  east  of  Fourth  street  of  said 
City.  The  Commissioners,  however,  may  change  the  boundaries  of  such 
precincts  or  increase  the  number  thereof  as  the  population  may  require  or 
shall  be  for  the  best  interests  of  said  City. 

CHAPTER  II 

OF  THE  GOVERNMENT  OF  THE  CITY 
Power  and  Authority,  In  Whom  Vested 

Section  1.  The  power  and  authority  given  to  the  Municipal  Corpora- 
tion of  the  City  of  La  Grande  by  this  Charter  is  vested  in  and  shall  be 
exercised  by  a  COMMISSION,  composed  of  three  members,  and  their  suc- 
cessors in  office,  who  shall  be  elected  at  large  by  the  qualified  voters  of  the 
City  of  La  Grande. 

Appointment  of  Officers 

Section  2.  This  Commission  shall  appoint  at  its  first  yearly  meeting, 
and  keep  in  office  a  General  Manager,  and  a  Municipal  Judge  whose  tenure 
of  office  shall  each  be  subject  to  the  discretion  of  the  Commission  and  each 
of  whom  may  be  removed  by  the  Commission  with  or  without  cause,  pro- 
vided the  Commission,  by  Resolution,  may  require  any  officer  to  perform 
the  duties  of  two  or  more  offices  without  additional  compensation. 

Subordinate  Officers  and  Employees 

Section  3.  There  shall  be  constituted  the  following  officers  in  addition 
to  the  General  Manager  and  Municipal  Judge,  viz: — City  Recorder,  Treas- 
urer, City  Attorney,  Chief  of  Police,  Chief  of  Fire  Department,  City  En- 
gineer, Superintendent  of  Water  System,  City  Health  Officer  and  employ- 
ees deemed  necessary  in  the  government  and  management  of  the  City  of 
La  Grande.  The  tenure  of  such  officers  and  employees  outside  of  that  of 
General  Manager  and  Municipal  Judge  shall  be  subject  to  the  appointment 
and  discretion  of  the  General  Manager,  and  each  of  them  may  be  removed  by 
such  General  Manager  with  or  without  cause;  provided  the  Commission, 
i-y  Resolution,  may  require  any  officer  to  perform  the  duties  of  two  or  more 
offices  without  additional  compensation. 

CHAPTER  III 

ELECTION 
General  Elections 

Section  1.  There  shall  be  a  general  City  election  held  in  the  City  of 
La  Grande  on  the  second  Monday  of  December  in  each  year,  at  which  elec- 
tion all  elective  officers  provided  for  by  this  Charter  shall  be  elected,  and 
all  initiative,  referendum  and  other  matters  submitted  by  the  Commission 
of  the  City  of  La  Grande  to  the  electors  of  said  City  at  such  election  shall 
be  voted  upon. 

Special  Elections 

Section  2.  Special  elections  may  be  called  by  the  Commission  at  such 
times  as  they  shall  designate  and  shall  be  governed  by  the  requirements  of 
this  chapter  the  same  as  general  elections. 

Judges  and  Clerks  of  Elections 

Section  3.  The  Commission  shall  designate  one  place  in  each  precinct 
for  holding  the  election  therein,  and  shall  appoint  three  (3)  judges  and 
two  (2)  clerks  for  each  voting  precinct,  who,  previous  to  entering  upon 
the  discharge  of  their  duties,  shall  each  take,  and  subscribe  to  an  oath  in 
the  following  form,  to-wit: 

"I  do  solemnly  swear  that  I  will  perform  the  duties  of  judge  (or  clerk) 
of  this  election  according  to  law  and  to  the  best  of  my  ability;  that  I 
will  endeavor  to  prevent  fraud,  deceit  and  abuse  in  conducting  same."  Said 
oath  to  be  administered  to  the  judges  and  clerks  by  an  officer  authorized 
by  law  to  administer  oaths. 

Notice  of  Election 

Section  4.     The  City  Recorder,  under  the  direction  of  the  Commission, 


MANAGERIAL    SYSTEM 


shall  give  ten  (10)  days'  notice  by  publication  in  a  newspaper  designated 
by  the  Commission,  or  by  posting  notice  thereof  in  three  -public  places  in 
each  voting  precinct  of  such  general  election,  the  officers  to  be  elected,  the 
measures,  if  any,  to  be  voted  upon,  and  the  places  designated  for  the  hold- 
ing of  the  election,  and  the  names  of  the  judges  and  clerks  appointed  for 
the  same. 

Qualifications  of  Electors 

Section  5.  No  person  shall  be  qualified  to  vote  at  any  election  to  be 
held  under  this  Charter  who  does  not  possess  the  qualifications  of  an  elector 
as  defined  by  the  Constitution  of  the  State  of  Oregon,  and  who  has  not  resid- 
ed within  the  City  of  La  Grande  for  six  (6)  months  next  preceding  such  elec- 
tions, as  well  as  in  the  voting  precinct  in  which  he  offers  to  vote  at  least 
thirty  (30)  days  next  preceding  such  election,  and  who  has  not  duly  regis- 
tered according  to  law. 

Registration  of  Voters 

Section  6.  The  provisions  of  an  act  entitled  "An  Act  to  Provide  for 
the  Registration  of  Electors,  Regulating  the  Manner  of  Conducting  Elec- 
tions, Providing  for  the  Prevention  of  and  Punishment  for  Frauds  affect- 
ing the  Suffrage  and  to  prevent  Illegal  Voting" — Approved  February  17th, 
1899,  of  the  Statutes  of  Oregon,  shall  apply  to  elections  held  under  this 
Charter,  except  as  herein  otherwise  provided.  No  person  who  has  regis- 
tered for  the  preceding  county  election  under  the  statutes  and  has  not  chang- 
ed his  residence  need  register  again  for  a  city  election,  if  in  the  proper 
voting  precinct.  The  City  Recorder  shall  keep  open  proper  registration 
books,  lists,  etc.,  for  a  period  of  twenty  days  immediately  preceding,  includ- 
ing the  day  of  each  annual  City  election  and  during  such  time  shall  register 
all  persons,  who  since  the  registration  books  were  last  closed,  have  become 
eligible  to  vote  at  such  election,  or  who,  being  entitled  to  vote,  have  failed 
to  register,  and  shall  enter  changes  of  residences  occuring  since  the  last 
registration  of  all  persons  who  shall  apply  therefor.  Such  Recorder  shall 
send  to  the  several  voting  precincts  its  precinct  register  thus  corrected, 
as  provided  and  the  same  shall  be  used  by  the  judges  and  clerks  at  each 
election  held  under  this  Charter. 

Time  of  Voting 

Section  7.  All  elections,  general  or  special,  in  the  City  of  La  Grande, 
shall  commence  at  eight  o'clock  in  the  morning  and  continue  until  seven 
o'clock  in  the  evening  of  the  same  day,  without  closing  the  polls.  If  any 
judge  or  clerk  fails  to  attend  and  serve  at  the  opening  of  the  polls  the 
judges  of  election  may  appoint  another  in  his  place.  If  all  the  judges  fail 
to  attend,  the  legal  voters  present  at  any  polling  place  may  appoint  others 
in  their  stead. 

Preferential   System   of   Voting.      Ballots 

Section  8.  The  City  Recorder  shall  cause  ballots  for  general  and  spec- 
ial elections  to  be  prepared,  printed  and  authenticated.  The  ballots  shall 
contain  a  complete  list  of  offices  to  be  filled  and  the  names  of  the  candi- 
dates nominated  therefor.  When  the  number  of  candidates  is  more  than 
three  times  the  number  of  offices  to  be  filled,  each  voter  shall  have  the  right 
to  vote  for  as  many  first  choice  candidates  as  there  are  offices  to  be  filled, 
and  may  have  second  or  third  choice  candidates  when  it  becomes  necessary 
by  reason  of  the  number  of  candidates,  to  obtain  a  majority  election.  The 
form  of  ballot  shall  be  substantially  as  follows : 

"GENERAL  (OR  SPECIAL)  MUNICIPAL  ELECTION" 

CITY  OF  LA  GRANDE 

(Insert  date  of  Election) 

Instructions: — To  vote  for  any  person,  make  a  cross  (X)  in  a  square 
to  the  right  of  the  name.  Vote  your  first  choice  in  the  first  column;  your 
second  choice  in  the  second  column  and  your  third  choice  in  the  third  col- 
umn. Do  not  vote  more  than  one  choice  for  any  one  candidate.  All  dis- 
tinguishing marks  make  the  ballot  void.  If  you  wrongly  mark,  tear  or  de- 
face ballot,  return  it  and  obtain  another  from  the  election  officers.  If 
any  voter  shall  vote  more  than  one  choice  for  any  one  candidate  the  vote 


A    COMMISSION    CITY    CHARTER 


highest  in  grade  shall  be  counted  and  others  rejected. 

COMMISSIONERS  [  First  Choice  |  Second   Choice  j  Third   Choice 

Names  of  Candidates 


"REFERENDUM  MATTERS  TO  BE   VOTED  ON  APPEAR  HERE" 

When  the  number  of  candidates  is  more  than  twice  the  number  of 
offices  to  be  filled,  and  not  more  than  three  times  the  number  of  offices  to 
be  filled,  the  ballot  shall  give  first  and  second  choice  columns  only;  and 
in  such  case  the  voter  shall  have  no  third  choice  and  the  instructions  on 
the  ballots  shall  be  modified  accordingly.  When  the  number  of  candidates 
is  not  more  than  twice  the  number  of  offices  to  be  filled  only  one  column 
for  marking  shall  appear,  and  in  such  case  no  second  choice  shall  be  allowed 
the  voter. 

Requirements  of  Ballots 

Section  9.  All  official  ballots  used  at  any  election  shall  be  identical 
in  form  and  of  white  paper,  and  space  shall  be  provided  on  the  ballot  for 
charter  amendments  or  other  questions  to  be  voted  upon  at  such  munici- 
pal election.  The  name  of  candidates  shall  be  arranged  on  the  ballot  in  the 
order  in  which  the  nominating  petitions  were  filed;  nothing  on  the  ballot 
shall  be  indicative  of  the  source  of  the  candidacy  or  of  the  support  of 
any  candidate.  No  ballot  shall  have  printed  thereon  any  party  or  politi- 
cal designation  or  mark,  and  there  shall  not  be  appended  to  the  name  of 
any  candidate  any  party  or  political  designation  or  mark,  (but  words  not 
exceeding  twelve  indicating  his  views  on  strictly  municipal  questions  or 
issue  may  be).  Sample  ballots  upon  paper  of  different  color,  but  other- 
wise identical  with  the  ballot  to  be  used  at  the  election,  shall  be  posted 
on  day  of  election  and  be  had  at  the  polls  for  use  of  registered  voters. 

Nominations 

Section  10.  All  general  municipal  elections  shall  be  held  and  candi- 
dates therefor  shall  be  nominated  in  accordance  with  the  general  election 
laws  then  in  force  in  the  State  of  Oregon,  or  any  amendments  thereof,  ex- 
cept as  in  this  Charter  otherwise  provided.  And  provided,  that  certifi- 
cates of  nominations  made  by  individual  electors  shall  be  signed  by  not 
less  than  ten  (10)  per  cent  of  the  total  number  of  electors  voting  at  the 
last  preceding  city  election,  and  provided  further,  that  all  certificates  oi 
nominations  shall  be  filed  with  the  Recorder  of  the  City  of  La  Grande 
not  less  than  ten  (10)  days  before  the  day  fixed  by  law  for  said  election. 

Qualifications  of  Judges  and  Clerks 

Section,  11.  Judges  and  clerks  of  election  shall  possess  the  qualifi- 
cations of  voters  of  the  precincts  in  which  they  preside,  but  a  mistake  or 
error  in  this  respect  or  failure  to  give  notice  for  the  full  time  required 
herein  shall  not  invalidate  any  election  otherwise  legal. 

Election  Canvass 

Section  12.  On  or  before  two  (2)  days  after  the  election  the  returns 
thereof  shall  be  filed  with  the  City  Recorder,  and  on  the  fourth  day  after 
the  election,  or  sooner  if  the  returns  of  all  the  voting  precincts  are  in, 
the  City  Recorder  shall  call  to  his  assistance  two  electors,  who  are  not 
candidates  for  election  to  any  city  office,  and  they  shall  canvass  the  re- 
turns of  the  election. 

Section  12-A.  Should  the  board  of  canvassers  find  that  any  candidate 
has  received  a  majority  of  all  first  choice  votes  cast,  he  shall  be  declared 
elected.  If  no  candidate  has  received  a  majority  of  all  first  choice  votes 
cast,  they  shall  then  add  the  first  and  second  choice  votes;  should  any 
candidate  receive  a  majority  of  first  and  second  choice  votes  cast,  he  shall 
be  declared  elected;  should  no  candidate  receive  a  majority  of  first  and 
second  choice  votes  cast,  then  the  third  choice  votes  shall  be  added  to  the 
first  and  second  choice  and  the  candidate  receiving  the  highest  number 


MANAGERIAL    SYSTEM 


cf  first,  second  and  third  choice  votes  shall  be  declared  elected. 

Statement  of  Return 

Section  13.  A  written  statement  of  the  canvass  of  the  vote  at  any 
City  election  shall  be  made  and  signed  by  the  canvassers  or  a  majority  of 
them  and  filed  with  the  City  Recorder  within  the  time  appointed  to  com- 
plete the  canvass,  and  said  statement  shall  be  entered  by  the  City  Recor- 
der at  large  in  the  proper  records  of  said  City,  to  be  kept  for  such  pur- 
pose. Such  written  statement  must  contain  the  whole  number  of  votes 
cast  at  such  election;  the  number  given  for  each  person  for  any  office,  and 
the  names  of  the  persons  and  the  offices  to  which  they  were  elected,  and 
also,  the  number  of  votes  cast  for  or  against  any  measure  submitted  by 
the  Commission  to  such  election. 

Certificates  of  Election 

Section  14.  Immediately  after  the  completion  of  the  canvass,  the  City 
Recorder  must  make  and  sign  a  certificate  of  election  for  each  person 
declared  thereby  to  be  elected  and  deliver  the  same  to  him  on  demand; 
and  also  shall  make  and  sign  a  certificate  of  the  result  of  any  initiatory 
or  referendum  measure,  and  declare  whether  the  same  was  carried  or  de- 
feated, and  deliver  said  certificate  to  the  Commissioners  forthwith. 

Section  15.  A  certificate  of  election  is  prima  facia  evidence  of  the 
facts  therein  stated  and  in  case  of  a  contest  between  two  persons  claim- 
ing to  be  elected  to  the  same  office,  the  right  to  the  office  shall  be  deter- 
mined by  an  action  at  law  in  the  same  manner  as  contested  elections  to 
any  county  office,  are  determined.  In  case  of  a  tie  vote  for  candidates 
for  the  same  office,  the  right  to  the  office  shall  be  decided  by  casting  lots. 

Oath  of  Office 

Section  16.  Every  person  elected  or  appointed  to  office  under  this 
Charter,  before  entering  upon  the  discharge  of  his  duties  as  such  officer, 
shall  qualify  by  taking  and  filing  with  the  said  Recorder  an  oath  of  office 

in  the  following  form:     "I ,  do  solemnly  swear  that 

I  will  support  the  Constitution  of  the  United  States  and  of  the  State  of 
Oregon,  and  that  I  will  to  the  best  of  my  ability  faithfully  perform  the 

duties  of  the  office  of of  the  City  of  La   Grande, 

during  my  incumbency  thereof."  And  he  shall  execute  and  deliver  to  the 
Recorder  of  the  City  of  La  Grande,  whenever  required  by  Ordinance  or 
Resolution,  a  bond  conditioned  as  may  be  required  by  this  Charter,  or  the 
Commissioners,  and  in  such  sum  as  they  may  require  for  the  faithful  per- 
formance of  the  duties  of  his  office,  with  good  and  sufficient  surety  or  sure- 
ties to  be  approved  by  the  Commissioners.  A  bond  given  with  a  competent 
surety  company  may  be  accepted. 

State  Laws.    When  May  Govern 

Section  17.  All  laws  of  the  State  of  Oregon  regulating  and  govern- 
ing general  elections  and  proceedings  and  matters  incidental  thereto  shall 
so  far  as  applicable  govern  herein  except  as  otherwise  provided  by  this 
Charter. 

CHAPTER  IV. 
OF   VACANCIES   IN   OFFICE 

When  Vacant,  Leave  of  Absence 

Section  1.  The  office  of  a  Municipal  Judge  as  well  as  appointive 
offices  shall  be  deemed  vacant  whenever  the  incumbent  thereof  shall  be 
absent  from  the  City  for  three  (3)  days  or  by  death  or  resignation  or  upon 
his  ceasing  to  possess  the  qualifications  required,  provided,  however,  that 
the  Commission  may  grant  leave  of  absence  to  any  member  of  the  Com- 
mission or  to  such  General  Manager  or  Municipal  Judge  for  a  period  not 
exceeding  thirty  (30)  days  at  one  time;  and  the  General  Manager  may 
grant  leave  of  absence  to  any  other  officer  of  the  City  appointed  by  him, 
for  a  period  not  exceeding  fifteen  (15)  days  at  any  one  time,  provided  no 
officer  shall  draw  compensation  while  so  absent. 

Acting  Officers 
Section  1-A.     During:  the  temporary  absence  or  inability  to  act  on  the 


A    COMMISSION    CITY    CHARTER 


part  of  the  General  Manager  or  Municipal  Judge,  the  Commission  by  reso- 
lution may  appoint  some  qualified  person  as  acting  General  Manager  or 
Municipal  Judge  until  such  absence  or  inability  shall  be  removed.  Such 
acting  General  Manager  or  Municipal  Judge  shall  have  all  the  power  and 
authority  during  such  period,  that  the  regular  officer  has;  and  in  the  ab- 
sence or  inability  of  any  other  officer  of  the  City,  the  General  Manager 
may,  at  his  option,  appoint  some  other  qualified  person  to  so  act  in  the 
place  of  such  officer,  and  with  like  authority,  and  he  shall  file  such  tem- 
porary appointment  with  the  City  Recorder;  and  in  each  case  such  tem- 
porary appointee  shall  take  the  oath  of  office  as  in  the  case  of  the  regu- 
lar appointee.  But  in  no  case  shall  the  regular  officer  receive  any  salary 
while  his  temporary  substitute  performs  the  duties  of  his  office.  The  tem- 
porary substitute  shall  receive  such  compensation  as  the  Commission  shall 
determine. 

Time  of  Appointee  to  Qualify 

Section  2.  An  officer  appointed  to  any  office,  including  an  appointee 
to  fill  a  vacancy,  must  within  two  (2)  days  from  the  date  of  such  ap- 
pointment qualify  therefor  or  he  shall  be  deemed  to  have  declined  the 
appointment,  and  another  appointment  shall  be  made  as  provided  for  by  this 
Charter. 

CHAPTER  V. 
OF  THE  COMMISSION 
Qualifications 

Section  1.  No  person  is  eligible  to  the  office  of  Commissioner  who, 
at  the  time  of  his  election  is  not  a  resident  and  legal  voter  of  the  City 
of  La  Grande,  and  entitled  to  the  privilege  of  an  elector,  according  to  the 
Constitution  and  laws  of  the  State  of  Oregon,  and  who  has  not  resided  in 
the  City  of  La  Grande  for  one  year  next  preceding  his  election.  Before 
entering  upon  his  duties,  he  must  take  and  file  with  the  Recorder  an  oath 
of  office. 

Term   of  Office 

Section  2.  There  shall  be  elected  one  Commissioner  each  year  at  the 
annual  election,  who  shall  hold  office  for  a  term  of  three  years,  and  un- 
til his  successor  shall  be  elected  and  qualified;  and  he  shall  commence  his 
term  of  office  on  the  second  day  of  January  after  his  election  in  Decem- 
ber preceding,  unless  the  same  shall  fall  on  a  legal  holiday  when  his  term 
shall  commence  the  next  day;  provided,  the  three  Commissioners  in  office 
at  the  time  of  the  adoption  of  this  Charter  shall  hold  for  the  respective 
terms  for  which  they  have  been  elected. 

Organization  of  Commission 

Section  3.  The  Commissioners  shall  elect  one  of  their  number  Chair- 
man, at  their  first  meeting  in  January,  who  shall  be  designated  and  known 
as  the  President  of  the  City  of  La  Grande.  In  case  of  vacancy  as  Chair- 
man, such  vacancy  may  be  filled  at  any  time  by  them.  He  shall  preside 
at  all  meetings  of  the  Commission,  provided,  that  in  his  absence  or  in- 
ability to  act  then  the  Commissioners  shall  choose  a  chairman  pro  tern, 
from  among  their  number.  The  Chairman  as  such  President  of  the  City  of 
La  Grande  shall  approve  and  sign  all  rules,  contracts,  resolutions  and 
ordinances  adopted  by  the  Commission  in  the  manner  hereinafter  described. 
The  term  of  such  Chairman  shall  end  with  the  year  in  which  he  is  elected. 

Compensations. 

Section  4.  The  Commission  shall  hold  a  regular  meeting  once  every 
week  and  for  each  regular  meeting  actually  attended  by  him  each  Com- 
missioner shall  receive  not  more  than  $5.00  for  his  services. 

Vacancies. 

Section  5.  The  office  of  Commissioner  shall  be  deemed  vacant  upon 
the  death  or  resignation  of  the  incumbent  or  upon  his  ceasing  to  possess 
the  qualifications  of  an  elector,  or  upon  absenting  himself  from  the  City 
for  a  period  of  thirty  (30)  days,  unless  granted  a  leave  of  absence,  or  if 
he  shall  fail  to  attend  three  successive  regular  meetings  of  the  Commis- 
sion. A  vacancy  in  the  office  of  Commissioner  shall  be  filled  by  election  by 


MANAGERIAL  SYSTEM 


the  remaining  Commissioners  within  thirty  (30)  days  after  the  vacancy 
occurs,  and  if  said  Commissioners  shall  fail  to  fill  said  vacancy  during 
said  thirty  (30)  days,  the  Recorder  of  the  City  of  La  Grande  shall  call 
a  special  election  within  twenty  (20)  days  thereafter,  giving  notice  in  the 
manner  provided  for  the  holdings  of  a  general  City  election  and  the  judges 
and  clerks  of  election  appointed  for  the  last  preceding  election  shall  be 
the  judges  and  clerks  for  such  special  election,  providing  that  vacancies 
in  the  judges  and  clerks  of  election  shall  be  filled  in  the  manner  pre- 
scribed for  a  general  City  election.  At  said  special  election  a  new  Com- 
missioner shall  be  elected  to  fill  said  vacancy;  provided  further,  that  if  a 
vacancy  in  the  office  of  Commissioner  occurs  within  two  months  imme- 
diately preceding  the  time  of  a  general  City  election,  not  filled  by  the  re- 
maining Commissioners,  then  the  vacancy  shall  not  be  filled  until  such 
regular  City  election;  provided  that  any  Commissioner  so  appointed  or 
elected  at  a  special  election,  to  fill  such  vacancy,  shall  hold  office  until  the 
next  general  election  and  qualification  of  his  successor,  who  shall  be  elected  to 
fill  the  unexpired  term. 

Meetings 

Section  6.  The  Commission  must  provide  the  time  and  place  of  its 
regular  meetings  from  which  it  may  adjourn  to  the  next  succeeding 
regular  meeting,  or  to  some  specified  time  prior  thereto,  which  adjourned 
meeting  will  be  deemed  to  be  a  continuation  meeting.  Special  meetings  of  the 
Commission  may  be  called  by  the  Chairman,  or  the  other  two  members 
of  the  Commission,  at  any  time  upon  not  less  than  six  hours'  notice  by 
personal  service  before  such  meeting. 

Quorum;  Compelling  Attendance 

Section  7.  A  majority  of  the  Commission  shall  constitute  a  quorum 
to  do  business,  but  a  less  number  can  appear  and  adjourn  from  time  to 
time.  The  Commission,  or  any  one  of  them,  can  compel  the  attendance  of 
absent  members  in  such  manner  and  under  such  penalties  as  may  be  pre- 
scribed by  Ordinance. 

Rules  and  Records 

Section  8.  The  Commission  may  adopt  rules  for  the  government  of 
its  members  and  its  proceedings.  It  must  keep  a  journal  of  its  proceedings, 
and  upon  the  call  of  any  Commissioner  must  cause  the  yeas  and  nays  to 
be  taken  and  entered  in  its  journal  upon  any  question  before  it.  Its  de- 
liberations and  proceedings  must  be  public.  It  shall  provide  a  separate 
record  for  the  minutes,  and  a  separate  record  for  the  ordinances  and  a 
separate  record  for  resolutions.  Ordinances  and  resolutions  may  be  re- 
ferred to  in  the  minutes  by  appropriate  number.  The  minutes,  ordinances 
snd  resolutions  should  be  speedily  recorded  and  the  records  thereof  in- 
dexed and  cross-indexed  so  as  to  render  the  same  conveniently  accessible 
to  the  public.  The  concurrence  of  any  two  members  of  the  Commission 
is  necessary,  and  sufficient  vote  to  determine  any  question  or  matter  under 
consideration  by  the  Commission. 

Annual  Meeting 

Section  9.  On  the  second  day  of  January,  unless  a  legal  holiday,  then 
the  next  day,  following  any  general  City  election,  and  also,  following  the 
first  election  under  this  charter,  there  must  be  a  regular  annual  meeting 
of  the  Commission,  and  such  meeting  is  designated  and  appointed  by  this 
Charter,  and  no  notice  thereof  is  necessary. 

General  Duties 

Section  10.  It  shall  be  the  duty  of  the  Commission,  to  enact  such 
ordinances,  and  they  may  repeal  such  ordinances  as  shall  be  required  by 
the  public  good,  take  'care  that  the  business  character  and  ability  of  the 
General  Manager  is  sufficient  to  enforce  the  municipal  law,  perform  his 
duties  and  services  for  the  best  interest  and  welfare  of  the  municipal 
government,  and  in  a  careful,  prudent  and  business-like  manner,  and  the 
Commissioners  shall  be  responsible  to  the  City  for  the  strict  and  efficient 
performance  of  his  duties.  They  shall  at  each  regular  meeting  investigate 
all  matters  of  importance  to  the  City  coming  to  their  attention,  either  bv 
observation  or  by  report;  listen  to  petitions,  grievances  and  suggestions  which 


A    COMMISSION    CITY    CHARTER 


may  properly  be  presented  to  them;  obtain  from  the  General  Manager  weekly 
reports  and  act  upon  them;  take  and  approve  all  official  undertakings 
which  this  Charter  or  the  ordinances  of  the  City  may  require;  require  any 
officer  to  give  security  for  the  faithful  performance  of  his  duties;  and 
the  Recorder  shall  endorse  the  approval  of  the  Commission  upon  such 
undertaking,  together  with  a  reference  to  the  book  and  page  of  the  min- 
utes where  the  approval  is  found,  and  attach  his  signature  thereto;  and 
the  said  Commission  shall  by  ordinance  limit  and  fix  the  salaries  and 
compensation  of  all  officers  provided  for  by  this  Charter;  provided,  the 
salary  of  the  General  Manager  shall  not  exceed  thirty-six  hundred  dol- 
lars ($3600.00)  per  annum;  and  the  Commission  shall  perform  such  other 
duties  and  in  the  manner  as  may  be  prescribed  hereafter  by  this  Charter. 

CHAPTER  VI 

POWERS  OF  THE  COMMISSION 

The  Commission  of  the  City  of  La  Grande  has  full  power  and  au- 
thority within  the  City  of  La  Grande. 

General  Levy  of  Ten  Mills 

Sec.  1.  To  levy  taxes  for  general  municipal  purposes  not  to  exceed  ten 
mills  on  the  dollar  per  annum,  upon  all  property,  both  real  and  personal, 
which  is  taxable  by  law  for  state  and  county  purposes. 

Special  Levy  of  Ten  Mills 

Section  2.  To  levy  a  special  tax  not  exceeding  ten  mills  on  the  dol- 
lar per  annum  upon  all  the  property  assessed  by  authority  of  Section 
1,  for  any  specific  object,  including  special  road  taxes,  sinking  fund  tax, 
interest  fund  tax,  library  tax,  or  any  other  specific  purpose,  within  the 
powers  of  this  Municipal  Corporation,  including  the  payment  of  any  debt, 
but  the  ordinance  providing  therefor  must  specify  the  object  and  pur- 
pose thereof. 

The  City  May  be  Bonded 

Section  3.  To  provide  for  the  issuance  of  negotiable  coupon  bonds 
of  the  City  for  any  specific  purpose,  and  to  designate  the  manner  and 
time  for  the  payment  thereof  and  the  interest  thereon. 

How  the  City  May  be  Bonded 

Section  4.  Whenever  the  City  of  La  Grande  shall  contemplate  the 
issuance  of  negotiable  coupon  bonds  for  any  public  purpose  under  this 
Charter,  except  for  public  improvements  where  the  cost  thereof  is  to 
be  assessed  to  the  property  specially  benefited,  the  Commission  shall  by 
ordinance  or  resolution,  direct  the  manner  in  which  the  estimate  of  the 
cost  of  the  proposed  public  improvement  shall  be  ascertained,  and  such 
estimate  shall  be  filed  with  the  Recorder  before  any  bonded  indebtedness 
shall  be  incurred  for  such  purpose.  Thereupon,  the  Commission  shall 
cause  the  question  of  the  creation  of  such  indebtedness  by  the  issue  of 
the  negotiable  coupon  bonds  of  the  City,  to  be  submitted  to  a  vote  of 
the  electors  of  the  City  at  any  regular  election  for  municipal  officers,  or 
at  a  special  election  to  be  called  by  the  Commission  for  such  purpose.  Such 
special  election  shall  be  called  and  held  under  the  same  procedure,  as 
nearly  as  may  be,  as  in  the  case  of  a  general  municipal  election.  The 
ballot  used  at  such  election  shall  have  printed  thereon  the  question  sub- 
mitted, including  the  amount  of  the  proposed  bonds  to  be  issued,  and  the 
words,  "Bonds — Yes,"  and  "Bonds — No,"  and  each  person  voting  shall 
make  a  cross  (X)  opposite  the  words  "Bonds — Yes,"  or  "Bonds — No,"  as 
he  favors  or  opposes  the  issuance  of  bonds.  If  at  such  election  a  majority 
of  the  legal  votes  cast  shall  be  in  favor  of  incurring  the  indebtedness  and 
issuing  such  bonds,  then  such  indebtedness,  to  the  amount  authorized  by 
the  voters,  or  so  much  thereof  as  may  be  necessary,  may  be  incurred  by  the 
issuance  of  such  bonds.  When  bonds  have  been  authorized  as  aforesaid,  the 
Commission  shall,  by  ordinance,  prescribe  the  bond  forms  and  provide  for 
the  issuance  of  the  same. 

Said  bonds  shall  be  in  the  denomination  of  one  hundred  dollars, 
($100.00)  each,  or  any  multiple  thereof  up  to  one  thousand  dollars 


MANAGERIAL  SYSTEM  10 


(SI 000.00)  each,  and  shall  mature  at  any  date  within  twenty  (20)  years 
from  their  date.  Said  bonds  shall  bear  interest  at  a  rate  not  exceeding 
five  (5)  per  cent  per  annum,  payable  semi-annually,  and  the  principal  and 
interest  shall  be  payable  at  such  place  as  the  ordinance  prescribing  the 
bond  forms  shall  designate.  The  bonds  shall  be  signed  by  the  President 
of  the  City  of  La  Grande,  and  attested  by  the  Recorder  of  the  City  un- 
der the  seal  thereof.  Said  bonds,  when  executed,  shall  be  placed  in 
the  hands  of  the  Recorder,  who  shall  register  the  same  in  a  book  kept 
for  that  purpose  by  entering  therein  the  number  and  amount  of  each  bond, 
the  date  of  issue,  the  date  of  maturity  and  the  place  where  payable. 

Provided,  however,  this  section  shall  not  apply  to  the  issuance  of  bonds 
upon  the  application  of  persons  whose  property  has  been  taxed  for  local 
improvements  and  the  assessment  thereof  made  payable  in  installments, 
as  hereafter  in  this  Charter  provided. 

Funding  and  Refunding  Bonds 

Section  4-A.  The  Commission  shall  submit  all  ordinances  and  reso- 
lutions for  the  funding,  refunding,  purchase  or  redemption  of  any  out- 
standing indebtedness  of  the  City,  when  the  same  may  be  done  to  the 
profit  and  benefit  of  the  City  to  the  vote  of  the  electors  of  the  City,  at  a  gen- 
eral or  special  election  called  for  that  purpose,  as  in  the  case  of  voting  for 
bonds,  provided  for  in  last  section.  The  ballot  used  in  such  election  shall 
have  printed  thereon  a  brief  statement  of  the  question  to  be  voted  upon, 
including  the  amount  proposed  to  be  funded,  refunded,  purchased  or  re- 
deemed, as  the  case  may  be,  and  the  words,  "Funding  Indebtedness — Yes," 
"Funding  Indebtedness — No;"  "Refunding  Bonds — Yes,"  "Refunding  Bonds 
--No,"  and  in  like  manner,  the  words  for  the  purchase  or  redemption  of 
the  indebtedness  of  the  City,  as  the  voter  may  favor  or  oppose  such  meas- 
ure. For  such  purpose  funding  or  refunding  negotiable  coupon  bonds  may 
issue  upon  the  same  being  authorized  by  majority  vote  of  the  electors  at 
said  election  being  favorable  thereto. 

Such  funding  or  refunding  bonds  shall  be  in  such  form  as  may  be 
prescribed  by  ordinance,  shall  be  signed  by  the  President  of  the  City  of 
La  Grande,  and  attested  by  the  Recorder,  under  the  seal  of  the  City,  shall 
mature  not  more  than  twenty  (20)  years  after  date;  shall  be  of  the  de- 
nomination of  $100.00  each  or  any  multiple  thereof  not  exceeding  $1000.00, 
and  shall  bear  interest  not  exceeding  5  per  cent  per  annum,  payable  semi- 
annually  at  such  place  as  the  ordinance  prescribing  the  bond  shall  desig- 
nate. All  such  funding  or  refunding  bonds  may  be  exchanged  dollar  for 
dollar  for  the  indebtedness  to  be  funded  or  refunded,  or  they  may  be  sold 
as  directed  by  the  Commission,  and  the  proceeds  thereof,  shall  be  applied 
only  to  the  purpose  for  which  the  bonds  are  issued.  Prior  to  the  issue, 
all  of  such  funding  or  refunding  bonds  shall  be  registered  by  the  City  Re- 
corder in  a  book  kept  for  that  purpose,  entering  therein  the  number  and 
amount  of  such  bonds,  the  date  of  issue,  the  date  of  maturity  and  the 
place  where  payable. 

License  on  Callings  and  Amusements 

Section  5.  To  license,  tax  and  regulate  brokers,  auctioneers,  taverns, 
hawkers,  peddlers,  pawnbrokers,  wash-houses,  laundries,  bill  posters, 
places  of  public  amusement  or  entertainment,  including  theatres,  opera- 
houses,  exhibitions,  shows  and  the  like,  hotel  and  restaurant  keepers,  and  run- 
ners, dealers  in  second  hand  articles  or  merchandise,  the  keeping  of  billiard 
tables,  pool  tables,  bowling  alleys,  shooting  galleries  for  profit,  and  such 
other  business  and  professional  callings  as  the  public  #ood  may  require  to 
be  licensed,  taxed  or  regulated,  and  as  are  not  otherwise  prohibited  by  law; 
and  for  the  purpose  of  this  charter,  to  define  and  declare  what  constitutes  any 
such  professions  and  callings  or  places  of  amusement  or  entertainment. 
Teams  and  Transfer  Licenses. 

Section  6.  To  license,  tax  and  regulate  livery  or  boarding  stables;  hacks, 
cabs,  carriages,  wagons,  carts,  trucks,  drays,  automobiles  and  other  vehicles 
used  for  the  transportation  of  persons  or  passengers,  of  goods,  wares  or 
merchandise,  earth,  rock,  building  materials  or  other  articles,  for  compen- 
sation within  the  limits  of  the  City,  and  to  prescribe  the  rates  to  be  charged 
for  such  transportation. 


11  A  COMMISSION  CITY  CHARTER 


Saloon  Licenses;  Offensive  Callings. 

Section  7.  To  regulate  or  prohibit  the  manufacture  of  or  dealing  in 
spirituous,  vinous  or  malt  liquors,  and  decide  what  constitutes  spiritut  is,  vin- 
ous and  malt  liquors;  the  keeping  of  bar  rooms,  drinking  shops  or  places 
where  such  liquor?  are  kept  for  sale  or  in  any  manner  disposed  of,  and  the 
sale  or  disposal  thereof;  to  prohibit  all  offensive  or  dangerous  trades,  en- 
pjoyments  or  business;  and  for  the  purposes  of  this  charter,  to  define  and 
declare  who  is  a  keeper  of  a  bar  room,  drinking  shop,  or  place  where  spirit- 
uous, vinuous  or  malt  liquors  are  sold  or  disposed  of,  and  what  is  a  bar 
room,  drinking  shop  or  place  where  spirituous,  vinous  or  malt 
liquors  are  sold  or  disposed  of  and  what  are  such  offensive 
or  dangerous  trades,  employments  or  businesses,  but  this  section  does  not 
empower  the  City  of  La  Grande  to  declare  a  trade,  employment  or  business 
offensive  or  dangerous  contrary  to  the  common  understanding  of  the  subject; 
nor  to  authorize  anyone  to  do  any  act  or  engage  in  any  business  contrary  to 
the  law  of  the  land.  And  to  license,  tax,  regulate  and  restrain  bar-keepers, 
saloon-keepers,  dealers  in  or  manufacturers  of  spirituous,  vinous  or  malt 
liquors  and  places  where  such  liquors  are  kept  for  sale  or  in  any  manner 
disposed  of,  and  the  sale  and  disposal  thereof. 

Jails  and  Other  Public  Buildings 

Section  8.     To  purchase  sites  for  public  purposes,  and  provide  for  the 
erection  of  city  halls,  jails,  houses  of  correction,  work-houses  and  any  other 
public  buildings,  and  for  the  government  and  management  of  the  same. 
Soiling  Property  for  Taxes. 

Section  9.  To  purchase,  take  and  hold  real  property  when  sold  for  de- 
linquent taxes  or  HKsessments  levied  or  imposed  under  the  authority  of  the 
City  of  La  Grande,  and  to  sell  the  same. 

Special  Assessments;  Bonding  Property  Therefor. 

Section  10.  (a)  To  provide  for  the  opening,  grading,  macadamizing, 
paving  and  otherwise  improving  the  streets  and  alleys  of  the  City  and  to  as- 
sess the  cost  thereof  to  the  property  specially  benefitted  thereby, 
(b)  To  provide  a  general  sewerage  system  for  the  City,  the  laying  of  the 
necessary  mains  and  laterals  therefor,  and  to  assess  the  cost  thereof  to  the 
property  specially  benentted  thereby. 

The  manner  in  which  all  public  improvements  shall  be  made,  and  the  cost 
thereof  assessed  to  the  property  specially  benentted  thereby  as  provided  for 
by  this  chapter  and  other  provisions  of  this  Charter  shall  be  as  follows: 

First:  The  Commission  shall  create  by  resolution  an  Improvement  Dis- 
trict and  fix  the  boundaries  therof,  which  shall  include  therin  all  property  to 
be  affected  or  benefitted  thereby. 

Second:  »  The  Commission  shall  then  cause  plans  and  specifications  for 
the  proposed  improvements  to  be  prepared  and  submitted  to  them  for  con- 
sideration with  the  estimated  cost  thereof.  Said  plans  and  specifications  may 
be  standard  plans  and  specifications  or  special  ones  for  the  particular  im- 
provements contemplated.  Said  plans  and  specifications  shall  thereafter  be 
adopted. 

Third.  The  Commission  shall  appoint  two  of  their  number  as  a  Com- 
mittee on  Estimates  and  said  committee  shall  examine  all  property  affected 
by  such  improvement  and  upon  which  local  assessments  are  to  be  levied  as  to 
the  extent  and  valuation,  if  any,  of  the  special  benefits  to  be  derived  by  said 
property  by  reason  of  the  improvement. 

Said  committee  shall  then  report  their  findings  in  writing  to  the  Com- 
mission. Said  report  shall  contain  the  following: 

(A)  The  boundaries  of  the  district  to  be  affected  or  benefitted  by  such  im- 
provement. 

(B)  A  general  statement  as  to  the  character  of  the  improvements,  and  re- 
fer to  the  plans  and  specifications  theretofore  adopted  for    the    specific    im- 
provement, or  to  the  standard  plans  and  specifications,  as  the  case  may  be. 

•  (C)     A  general  statement  of  their  findings  as  to  whether  or  not    the    prop- 
erty within  the  improvement  district  will  be  benefitted. 

(D)  The   estimated  total  cost  of  the  proposed  improvement. 

(E)  The  description  of  each  lot  or  parcel  of  land  and  the  estimated  proper- 


MANAGERIAL    SYSTEM  12 


tion  of  the  cost  of  the  improvement  which  applies  against  the  same,  together 
with  the  name  of  the  owner  or  the  reputed  owner  thereof. 

The  Commission  shall  then  consider  the  said  report  and  may  enlarge  or 
diminish  the  improvement  district,  alter  the  amount  or  change  the  character 
of  the  improvement  or  the  plans  and  specifications  thereof,  amend,  alter, 
modify  or  change  the  report  of  the  Committee  on  Estimates  and  adopt  the 
same  in  whole,  or  any  part  thereof,  either  in  the  original,  enlarged,  diminish- 
ed, changed,  altered,  modified  or  amended  condition. 

Fourth.  After  the  Commission  has  created  the  appropriate  improve- 
ment district,  adopted  plans  and  specifications,  general  or  special,  appointed 
a  Committee  on  Estimates,  received  their  report  and  acted  upon  the  same 
and  approved  the  same,  the  Commission  shall  fix  a  time  and  place  when  the 
Commission  will  meet,  hear  and  determine  objections,  remonstrances  and 
claims  of  grievance  of  persons  interested  therein  and  direct  the  City  Re- 
corder to  prepare  and  serve  a  notice  to  all  whom  it  may  concern  of  the  in- 
tention of  the  Commission  to  make  the  improvements  mentioned  in  the  pro- 
ceedings and  such  notice  shall  contain,  among  other  things  the  following: 

(A)  The  boundaries  of  the  improvement  district  to  be  improved  or  benefit- 
ted  as  finally  adopted  by  the  Commission. 

(B)  A  description,  generally,  of  the  improvements  so  proposed,  referring 
to  the  plans  and  specifications  adopted  therefor. 

(C)  The  time  and  place  when  the  Commission  will  meet  to  hear  and  deter- 
mine all  objections,  remonstrances  and  claims  of  grievance,  of    any    person 
interested. 

(D)The  date  issued  and  the  signature  of  the  City  Recorder. 

The  notice  hereinabove  provided  for  shall  be  served  by  publication  of  the 
same  once  each  week  for  three  weeks  prior  to  the  date  fixed  for  such  hearing, 
in  a  newspaper  published  in  the  City  of  La  Grande  and  of  general  circulation 
in  the  City,  County  and  State,  or  in  the  absence  of  any  such  newspaper  pub- 
lished within  the  City,  by  posting  a  copy  of  such  notice  in  at  least  three  public 
places  within  the  improvement  district  at  least  three  weeks  prior  to  the  date 
set  for  the  hearing  and  the  proof  of  such  service  shall  be  made  by  the  certif- 
icate of  the  Recorder  filed,  having  attached  thereto  the  affidavit  of  the  print- 
er, or  his  foreman,  or  the  publisher  of  the  ,  newspaper  publishing  such 
notice  or  in  case  of  posting  the  affidavit,  of  the  person  posting  such  notice. 

Fifth:  The  Commission  in  its  discretion  may  adjourn  said  hearing  un- 
til a  later  date,  but  not  later  than  thirty  (30)  days  thereafter.  At  the  time 
and  place  fixed  for  said  hearing,  or  any  adjournment  thereof,  the  Commis- 
sion shall  hear  and  determine  objections,  remonstrances  and  claims  of  griev- 
ance of  any  person  interested  in  said  improvement.  After  a  substantial  com- 
pliance with  the  foregoing  requirements  the  Commission  shall  be  deemed  to 
have  acquired  jurisdiction  to  make  such  improvement,  provided,  that  if  the 
owners  of  fifty-five  (55)  per  cent  of  the  property  to  be  affected  by  said  im- 
provement, measured  by  the  front  foot,  object  to  said  improvement,  the  Com- 
mission shall  be  ousted  of  jurisdiction  for  a  period  of  six  (6)  months  there- 
after. 

At  the  end  of  six  (6)  months,  new  proceedings  may  be  initiated  for  the  im- 
provement contemplated,  or  any  part  thereof.  Jurisdiction  once  obtained 
shall  be  deemed  continuing  jurisdiction  to  make  assessments  or  reassess- 
ments as  hereinafter  provided. 

Sixth.  The  Commission  shall  then  advertise  for  bids  for  the  making  of 
such  improvement  and  shall  let  the  contract  for  such  improvement  to  the 
lowest  responsible  bidder,  whose  bid  does  not  exceed  the  estimated  cost  of 
such  improvement;  provided  no  patented  material  used  in  a  contract  shall  be 
so  designated  as  to  prevent  competition  or  the  consideration  of  other  material 
equally  as  good;  provided,  that  the  contractor  or  contractors  shall  expressly 
agree  in  the  contract  entered  into  for  making  such  improvement,  that  he  or 
they  will  accept  at  par  the  improvement  bonds  issued  by  the  City  to  pay  for 
such  improvement  in  payment  therefor,  and  that  he  or  they  will  look  alone  to 
the  property  assessed  as  specially  benefitted  by  such  improvement  for  the 
payment  of  the  contract  price  of  said  improvement  and  the  special  improve- 
ment bonds  taken  in  payment  thereof,  including  interest  as  well  as  prin- 
cipal. 

Seventh:     When  said  improvement  is  completed  and  accepted  the  Com- 


13 A    COMMISSION    CITY    CHARTER 

mission  shall  direct  the  City  Engineer  to  prepare  a  statement  of  the  entire 
cost  of  the  same,  together  with  a  description  of  the  property  benefitted  there- 
by and  the  names  of  the  owners,  or  reputed  owners  thereof,  as  described  in 
the  report  of  the  Committee  on  Estimates,  as  adopted  by  the  Commission; 
he  shall  include  in  the  cost  of  said  improvement  the  contract  price  thereof, 
the  expense  of  advertising,  engineering,  and  interest,  if  any,  upon  improve- 
ment fund  warrants  drawn  in  partial  or  full  payment  of  the  contract  price, 
as  the  case  may  be,  and  all  other  additional  expense  which  the  city  has  in- 
curred by  reason  of  the  improvement;  and  any  person  interested  shall  be 
heard  thereon,  and  said  statement  and  objections  thereto,  if  any,  shall  be  con- 
sidered and  determined  by  the  Commission  and  adjusted  as  they  may  think 
proper.  The  Commission  shall  have  power,  by  appropriate  summary  pro- 
ceedings to  correct  any  clerical  error  appearing  therein. 

Eighth:  Said  assessment  shall  be  declared,  the  assessment  roll  pro- 
vided for,  and  the  time  and  manner  of  collection  of  said  assessment  fixed,  by 
ordinance.  All  special  assessments  to  cover  the  cost  of  any  public  improve- 
ment herein  authorized,  shall  be  levied  and  assessed  upon,  and  equitably  ap- 
portioned among  all  blocks,  lots,  parts  of  blocks  and  lots,  lands  and  real  es- 
tate included  within  the  boundaries  of  the  improvement  district  created  for 
such  public  improvement  to  the  extent  of  and  in  proportion  to  the  benefits 
to  such  blocks,  lots,  parts  of  blocks  and  lots,  and  real  estate,  by  reason  of 
yuch  improvements;  such  assessment  to  be  adjusted  and  proportioned  in  a 
uniform  manner. 

Such  assessments  may  be  according  to  the  square  feet  or  foot  frontage, 
and  the  expense  of  improving  all  intersections  of  streets  and  spaces  opposite 
alleys  in  any  district  ordered  to  be  improved  shall  be  equally  borne  by  and 
apportioned  among  the  owners  of  said  property  abutting  upon,  contiguous, 
adjacent  or  tributary  to  said  intersections  and  spaces  opposite  said  alleys, 
according  to  the  benefits  which  said  property  receive  by  reason  of  said  im- 
provement; but  the  Commission  in  its  discretion  may  declare  the  expense  of 
improving  all  intersections  of  streets  and  spaces  opposite  alleys  to  be  a 
public  purpose  and  to  pay  for  the  same  out  of  the  general  fund,  or  issue  bonds 
for  the  payment  thereof  in  the  manner  provided  in  Sub-division  Third  of  this 
section,  and  the  Commission  may  submit  to  the  legal  voters  of  the  City  the 
question  of  whether  or  not  the  city  shall  refund  to  property  owners  the  cost 
and  expense  of  all  intersections  of  streets  and  spaces  opposite  alleys  in  any 
district  heretofore  improved,  the  cost  and  expense  of  which  has  been  assessed 
to  the  property  owners  affected  and  benefited,  and  when  authorized  by  a  major- 
ity of  the  legal  voters  of  said  city  shall  incur  indebtedness  in  the  manner 
prescribed  in  Subdivision  Third  of  this  section,  but  nothing  herein  contained 
shall  be  construed  to  exempt  any  street  railway,  or  other  railway  company, 
from  keeping  every  portion  of  every  street,  alley  and  avenue  used  by  it,  upon 
and  across  which  its  tracks  shall  be  constructed  at  or  near  the  grade  of  such 
streets  in  good  and  safe  condition  for  public  travel,  but  it  shall  keep  the  same 
planked,  paved,  macadamized,  or  otherwise  in  such  condition  for  public  travel 
as  the  Commission  of  said  City  may  from  time  to  time  direct.  The  por- 
tions of  the  streets  and  alleys  to  be  kept  and  maintained  by  all  such  street 
railways  or  railway  companies  shall  include  all  the  space  between  differ- 
ent rails  and  tracks  and  also  a  space  outside  of  the  outer  rail  of  each  track 
of  at  least  two  feet  in  width,  and  the  track  herein  referred  to  shall  include 
not  only  the  main  track  but  also  all  side  tracks,  crossings  and  turnouts  con- 
structed for  the  use  of  such  street  railway  or  other  railway.  Special  assess- 
ments made  and  levied  to  defray  the  cost  and  expense  of  any  work  or  improve- 
ment contemplated  by  the  provisions  of  this  section,  and  re-assessments 
therefor,  and  the  cost  of  the  collection  thereof,  shall  constitute  a  lien  upon 
and  against  the  property  upon  which  said  assessment  shall  be  made  and  lev- 
ied, from  and  after  the  date  of  the  ordinance  declaring  the  said  assessment 
or  reassessment,  and  shall  be  collected  in  the  manner  prescribed  by  this  Char- 
ter and  the  ordinance  declaring  the  assessment  or  reassessment.  When  the 
cost  of  any  public  improvement  shall  have  been  assessed  to  the  property  ben- 
efitted thereby,  the  Recorder  of  the  City  of  La  Grande  shall  enter  in  a  dock- 
et to  be  kept  for  that  purpose  and  known  and  designated  as  the  Bond  Lien 
Docket,  under  separate  heads  for  each  public  improvement  by  number  or 


MANAGERIAL    SYSTEM  14 


name,  a  description  of  each  lot  or  parcel  of  land  or  other  property  against 
which  such  assessment  is  made  or  which  bears,  or  is  chargeable,  with  the  cost 
of  such  improvement,  with  the  name  of  the  owner  and  the  amount  of  such  un- 
paid assessment.  Such  docket  shall  stand  thereafter  as  a  lien  docket  as  for 
taxes  assessed  and  levied  for  the  City  of  La  Grande,  and  for  the  amounts  of 
such  unpaid  assessments  therein,  docketed,  with  interest  on  said  unpaid  as- 
sessments at  the  rate  of  six  (6)  per  cent  per  annum  against  each  such  lots  or 
parcels  of  land  or  other  property  until  such  assessments  and  interest  are  paid 
in  the  manner  hereinafter  provided;  and  all  unpaid  assessments  and  interest 
shall  be  and  remain  a  lien  on  each  lot  or  parcel  of  land  or  other  property  re- 
spectively, in  favor  of  said  City  of  La  Grande,  and  such  liens  shall  have 
priority  over  all  other  liens  and  incumbrances  whatsoever.  When  such  Bond 
Lien  Docket  shall  be  made  up  as  hereinbefore  provided  as  to  the  assessments 
for  any  public  improvement,  the  Commission  of  the  City  of  La  Grande 
shall,  by  ordinance,  authorize  the  issue  of  Improvement  Bonds  of  the  City  of 
La  Grande  in  convenient  denominations  not  exceeding  five  hundred  dollars 
($500.00)  each,  and  in  all  equal  to  the  total  amount  of  unpaid  assessments 
for  such  public  improvement,  and  such  bonds  shall  by  the  terms  thereof,  ma- 
ture in  ten  (10)  years  from  the  date  thereof  and  be  payable  in  gold  coin  of 
the  United  States  and  bear  interest  not  to  exceed  six  (6)  per  cent  per  annum, 
interest  payable  semi-annually,  said  interest  to  be  evidenced  by  coupons,  at- 
tached to  said  bonds;  provided,  the  right  to  take  up  and  cancel  such  bond  or 
bonds  upon  the  payment  of  the  face  value  therof  with  accrued  interest  to 
the  date  of  payment,  at  any  semi-annual  coupon  period  at,  or  after  one  year 
from  the  date  of  such  bond  or  bonds,  shall  be,  and  hereby  is,  vested  in  the 
City  of  La  Grande,  issuing  such  bond  or  bonds.  Notice  that  certain  bonds 
are  to  be  taken  up  and  cancelled  as  aforesaid  and  that  the  interest  thereon 
shall  cease  at  the  interest  payment  period  next  following  shall  be  published 
in  a  newspaper  printed  and  published  in  the  City  of  La  Grande,  and  of  gen- 
eral circulation  in  Union  County,  Oregon  not  less  than  twice  during  the 
month  preceding  said  semi-annual  period;  and  after  said  semi-annual  period, 
interest  upon  the  bonds  designated  in  such  notice  shall  cease.  Such  bonds, 
before  issuance,  shall  be  signed  by  the  President  of  the  City  of  La  Grande, 
and  countersigned  by  the  Recorder  of  said  City  and  authenticated  by  the  seal 
of  the  City  attached  thereto,  and  shall  be  registered  consecutively  by  number 
and  denomination  of  each,  in  a  book  to  be  kept  by  the  Recorder  of  the  City  of 
La  Grande,  to  be  known  and  designated  as  the  "Improvement  Bond  Regis- 
ter." 

Each  of  such  bonds  issued  for  public  improvements  shall  have  distinctly 
and  plainly  inscribed  or  printed  on  the  face  thereof  the  registered  number  of 

said  bond  and  the  words  "Improvement  Bond,  District  Number  , 

created  ,  191 ,"  with  the  name  of  the  City 

of  La  Grande  issuing  the  same.  Such  bonds  shall  be  advertised  for  sale  and 
sold  for  the  highest  price  obtainable,  but  for  not  less  than  par  and  accrued 
interest;  and  theproceeds  thereof  shall  be  paid  by  the  purchaser  to  the  Treas- 
urer of  the  City  of  La  Grande  and  credited  to  the  respective  public  improve- 
ment funds  for  which  said  bonds  are  issued,  provided,  that  said  bonds  may 
be  delivered  by  the  City  to  the  contractor  in  payment,  at  par,  upon  the  con- 
tract for  the  improvement  for  which  such  bonds  are  issued. 

Thereafter  there  shall  be  due  and  payable  annually  for  ten  (10)  succes- 
sive years,  to  the  Treasurer  of  the  City,  by  the  owner  of  each  lot,  parcel  of 
land  or  other  property  assessed  for  such  public  improvement,  ten  (10)  per 
cent  of  the  cost  of  such  public  improvement  assessed  against  the  property 
of  such  owner  as  appears  by  the  bond  lien  docket  hereinabove  described. 
Interest  shall  be  due  and  payable  semi-annually  at  six  ((>)  per  cent  per  annum 
on  all  unpaid  assessments  or  installments.  The  first  installment  aforesaid 
shall  be  due  and  payable  at  the  expiration  of  one  year  from  the  date  of  said 
assessment  in  the  bond  lien  docket,  and  subsequent  installments  at  the  ex- 
piration of  each  year  thereafter.  Should  such  owner  or  owners  neglect  or 
refuse  to  pay  the  sum  or  sums  aforesaid,  as  the  same  shall  become  due  and 
payable,  for  a  period  of  twenty  (20)  days  then  the  same  shall  be  collected 
in  the  same  manner  and  with  the  same  penalties  as  delinquent  public  improve- 
ment assessments  are  paid  and  collected  in  the  City  of  La  Grande.  It  shall  be 


A   COMMISSION    CITY    CHARTER 


the  duty  of  the  City  Recorder  of  La  Grande,  when  the  installments  and  interest 
on  any  assessment  in  the  Bond  Lien  Docket  are  due,  to  make  the  proper  ex- 
tensions of  such  installments  and  interest  on  said  Lien  Docket  and  turn  the 
same  over  to  the  Treasurer  of  the  City  of  La  Grande,  whose  duty  it  shall 
be  to  notify  the  owner  or  owners  of  property,  that  the  installments  afore- 
said are  due  and  payable,  but  a  failure  of  such  owner  or  owners  to  receive 
Fuch  notice  shall  not  be  taken  or  held  to  prevent  the  collection  of  the  same  as 
herein  provided. 

The  Treasurer  of  said  City  shall  issue  a  receipt  to  the  person  or  persons 
paying  said  installments  and  interest  and  shall  file  duplicates  of  said  rec- 
eipts with  the  Recorder,  and  when  the  Treasurer  returns  said  Bond  Lien 
Docket,  said  Recorder  shall  make  the  proper  entries  on  said  Bond  Lien 
Docket,  showing  the  amount  of  each  payment  and  the  date  thereof,  provid- 
ed, however,  that  at  any  time  after  issuance  of  such  bonds,  any  owner,  at  the 
time  being,  of  any  such  lot  or  parcel  of  land  or  other  property  against  which 
such  assessment  is  made  and  lien  docketed,  may  pay  into  the  City  Treas- 
ury of  the  City  of  La  Grande  the  whole  amount  of  such  assessment  and 
for  which  such  lien  is  docketed,  together  with  the  full  amount  of  interest  and 
costs  accrued  thereon  to  such  date  of  payment  and  upon  producing  to  the  Re- 
corder of  said  City  the  receipt  of  the  treasurer  of  the  said  City  of  such  pay- 
ment (in  which  receipt  shall  be  not  only  stated  the  amount  of  such  payment, 
but  also  the  description  of  the  lot  or  parcel  of  land  or  other  property  upon 
which  such  payment  is  made)  such  Recorder  shall  enter  in  such  Lien  Docket 
opposite  the  entry  of  the  lien  therein,  the  fact  of  such  payment,  and  the  date 
thereof,  and  that  the  lien  therein  is  discharged. 

The  Treasurer  of  the  City  of  La  Grande  receiving  any  funds  accruing 
by  virtue  of  this  section  of  the  Charter  shall  keep  such  funds  and  the  amount 
thereof  separate  and  apart  from  other  funds  of  such  City  in  a  separate  fund 
for  each  Improvement  District,  specifically  naming  the  same  by  number, 
name  of  the  district,  and  date  of  its  creation.  The  amount  of  such  funds  paid 
on  account  of  installments,  and  interest  on  unpaid  installments,  shall  be 
placed  to  the  credit  of  the  proper  fund,  to  be  known  and  designated  as  Im- 
provement Bond  Sinking  Fund  for  the  specific  Improvement  District  naming 
the  same. 

Entries  of  payments  of  installments,  interest  and  cost  made  under  the 
provisions  of  this  section  of  the  Charter  shall  be  made  in  the  Bond  Lien  Dock- 
et as  aforesaid,  as  the  same  shall  be  received,  with  date  thereof,  and  such 
payments  made  and  entered  in  said  Bond  Lien  Docket  shall  be  and  operate  as 
a  discharge  of  such  lien  to  the  amount  of  such  payment  and  from  the  date 
thereof. 

No  obligation  incurred  by  the  City  of  La  Grande,  by  virtue  of  this  sec- 
tion of  the  Charter  shall  be  deemed  or  taken  to  be  within  or  any  part  of,  the 
limitation  by  law  as  to  the  indebtedness  of  the  City  of  La  Grande,  and  no 
obligation  incurred  as  herein  provided  for  shall  ever  be  paid,  either  principal 
or  interest,  out  of  the  General  Fund  of  the  City,  or  be  or  become  a  charge  or 
liability  against  the  City,  which  the  City  may  pay  out  of  the  General  Fund 
of  the  City,  or  by  general  taxation. 

At  any  time  after  the  bonds,  which  may  be  issued  by  virtue  of  this  sec- 
tion of  the  Charter,  shall  become  payable,  the  City  of  La  Grande  may  redeem 
such  bonds,  and  to  that  end  shall  redeem  the  same,  consecutively  by  number  of 
such  bonds,  commencing  with  Number  one  (1)  of  such  bonds  and  shall  give 
notice  of  the  readiness  of  such  City  to  redeem,  by  publication  in  some  news- 
paper, published  in  the  City  of  La  Grande,  and  having  a  general  circulation 
in  Union  County,  once  a  week  for  three  successive  weeks,  giving  therein  the 
number  of  the  bonds  which  will  be  redeemed  and  the  time  at  which  such  re- 
demption will  be  made;  and  after  such  time  so  fixed  for  redemption,  no  interest 
shall  accrue  or  become  payable  on  such  bonds  so  notified  for  redemption. 

District  Improvement  funds  shall  not  only  be  kept  by  the  City  Treas- 
urer in  a  separate  fund  and  denominated  as  aforesaid,  but  such  funds  shall 
never  be  applied  to  any  purpose  other  than  the  payment  of  the  cost  and  ex- 
i.enses  of  the  particular  improvement  for  which  said  funds  were  assessed  and 
levied,  and  to  pay  the  principal  and  interest  in  the  redemption  of  the  bonds 
and  coupons  issued  for  such  improvement,  until  all  the  costs  and  expenses,  in- 


MANAGERIAL   SYSTEM  1C 


eluding  the  principal  of  all  bonds,  and  interest  thereon,  have  been  fully  paid 
and  satisfied,  and  said  bonds  retired  and  cancelled.  Should  any  surplus  remain 
in  any  special  fund  herein  provided  for,  after  the  payment  of  the  cost  of  the 
improvement  and  the  bonds  issued  therefor,  including  interest,  then  such 
surplus  shall  be  diverted  and  placed  in  the  general  funds  of  the  City. 

Whenever  an  assessment  for  the  opening,  altering,  grading,  paving  or 
improving  of  any  street  or  alley  or  the  construction,  re-construction  or  repair 
of  any  sewer,  water  drain,  ditch  or  conduit,  or  any  kind  of  local  improvement 
has  been  or  may  hereafter  be  made  by  the  City  of  La  Grande  upon  or  against 
the  property  abutting  upon,  contiguous  or  adjacent  or  tributary  to  or  benefited 
by  such  improvement  and  such  assessment  or  any  part  thereof  has  been  or 
shall  hereafter  be  set  aside,  annulled,  declared  or  held  void  or  its  enforcement 
refused  or  enjoined  by  any  Court  of  this  State  or  any  Court  of  the  United 
States  having  jurisdiction  therein,  whether  directly  or  by  virtue  of  any  de- 
cision of  such  Court  or  when  the  Commission  of  the  City  of  La  Grande  shall 
be  in  doubt  as  to  the  validity  of  such  assessment  or  any  part  thereof,  the 
Commission  of  said  City  may,  by  ordinance,  make  a  new  assessment  or  re-as- 
sessment upon  the  lots,  blocks  or  parcels  of  land  which  have  been  benefited, 
or  may  be  benefitted  by  such  improvement.  Such  assessment  or  re-assess- 
ment shall  be  based  upon  the  special  benefits  of  such  improvement  to  the  res- 
pective lots,  blocks  or  parcels  of  land  assessed  or  re-assessed  at  the  time  of 
its  original  making  but  shall  not  exceed  the  amount  of  such  original  assess- 
ment with  interest  thereon  from  date  of  the  delinquency  of  the  original  as- 
sessment which  may  be  added  at  the  discretion  of  the  Commission. 

Such  re-assessment  shall  be  made  in  an  equitable  manner  as  nearly  as 
may  be  in  accordance  with  the  law  in  force  at  the  time  it  is  made  but  the  Corn-- 
mission may  adopt  a  different  plan  of  apportionment  of  benefits,  when  in 
their  judgment,  essential  to  secure  an  equitable  re-assessment. 

The  proceedings  required  by  this  Charter  to  be  had  prior  to  the  making  of 
the  original  assessment  shall  not  be  required  to  be  taken  or  had  within  the 
intent  of  this  Section.  Any  such  re-assessment  shall  be  made  and  shall  be- 
come a  charge  upon  the  property  upon  which  the  same  is  levied,  notwith- 
standing the  omission,  failure  or  neglect  of  any  officer,  body  or  person  to 
comply  with  the  provisions  of  this  Charter  connected  with  or  relating  to  such 
improvement  and  original  assessment  and  notwithstanding  the  proceedings 
of  the  Commission  or  any  officer  of  the  City  or  contractor  or  other  person 
connected  with  such  work  or  improvement  may  have  been  irregular  or  defec- 
ive,  whether  such  irregularity  or  defect  be  jurisdictional  or  otherwise.  Such 
re-assessment  shall  not  be  made  in  case  of  a  street  or  alley  improvement 
wherein  a  remonstrance,  sufficient  in  law  to  defeat  the  original  improvement 
shall  have  been  filed  prior  to  the  making  of  the  improvement.  The  Commis- 
sion shall  by  resolution  declare  the  district  that  has  been  or  will  be  benefited 
by  the  improvement  for  which  the  re-assessment  is  to  be  or  shall  be  made,  and 
shall  direct  the  Recorder  or  City  Engineer  within  a  time  to  be  fixed  by  said 
Resolution  to  prepare  a  preliminary  re-assessment  upon  the  property  in- 
cluded therein  which  has  or  will  be  benefited  by  such  improvement,  and  shall 
in  such  preliminary  re-assessment  give  the  description  of  the  property  asses- 
sed together  with  the  name  of  the  owner  of  such  property.  After  the  passage 
of  such  resolution,  the  Recorder  of  the  City  shall  as  soon  thereafter  as  such 
re-assesment  is  prepared,  give  notice  to  all  whom  it  may  concern  by  publi- 
cation once  each  week  for  three  consecutive  weeks  in  a  newspaper  publish- 
ed in  the  City  of  La  Grande,  Ore.,  and  of  general  circulation  in  said  City,  and 
in  the  County  of  Union  and  State  of  Oregon;  that  such  preliminary  re-as- 
sessment is  on  file  in  his  office;  giving  the  date  of  the  passage  of  the  res- 
olution directing  the  making  of  the  same  and  giving  the  time  at  which  the 
Commission  will  hear  and  consider  objections  to  such  re-assessment  by  parties 
aggrieved  thereby,  provided,  however,  that  if  there  be  no  newspaper  published 
in  the  City  of  La  Grande,  Oregon,  of  general  circulation  therein,  the  notice 
hereinabove  provided  for  shall  be  made  by  posting  a  copy  thereof  in  three 
public  places  within  the  district  sought  to  be  improved,  at  least  three  weeks 
prior  to  the  time  set  for  hearing  objections  to  such  re-assessment. 

The  owner  or  owners  of  any  property  which  is  assessed  on  such  re-as- 
sessment, or  any  person  having  an  interest  therein  may,  before  the  time  for 
the  hearing  upon  such  re-assessment,  file  with  the  Recorder  of  the  City,  in 


17  A   COMMISSION   CITY   CHARTER 

writing,  their  objections  to  such  re-assessment.  At  the  time  appointed  in 
such  notice,  the  Commission  shall  hear  and  determine  all  objections  which 
have  been  filed  in  writing  by  any  party  interested.  The  Commission  may  ad- 
journ such  hearing  from  time  to  time  and  may,  in  its  discretion,  revise  and 
correct  or  set  aside  and  order  the  remaking  of  such  re-assessment,  and  shall 
pass  an  ordinance  approving  and  confirming  such  re-assessment,  as  corrected 
or  remade  by  it,  and  such  decision  shall  be  a  final  determination  of  the  reg- 
ularity, validity  and  correctness  of  such  re-assessment,  except  as  herein  other- 
wise provided.  When  said  reassessment  is  completed  and  confirmed,  it 
shall  be  entered  in  the  docket  of  City  liens  and  shall  be  enforced  and  collected 
in  the  same  manner  that  other  assessments  for  local  improvements  are  enforc- 
ed and  collected  under  this  Charter  and  the  laws  governing  the  City.  All 
sums  paid  upon  an  assessment  for  which  a  re-assessment  shall  be  made, 
shall  be  credited  to  the  property  on  account  of  which  the  same  were  paid,  as 
of  the  date  of  such  payment.  No  such  proceedings  shall  be  instituted  for 
any  re-assessment  under  the  provisions  of  this  section  unless  the  proceed- 
ings for  such  re-assessment  are  commenced  within  ten  (10)  years  from  the 
passage  of  the  Resolution  of  intention  for  the  making  of  the  original  improve- 
ment or  repair.  No  re-assessment  shall  be  held  invalid  for  any  mistake, 
ommission  or  error  in  stating  the  name  of  the  owner  of  the  property  so  re- 
assessed, provided  the  property  re-assessed  is  correctly  described.  Property 
of  a  deceased  person,  which  is  in  process  of  administration  in  the  State  of  Or- 
egon may  be  assessed  or  re-assessed  in  the  name  of  the  estate  of  the  deceased 
owner,  and  any  administrator  or  executor  in  charge  of  any  property  so  as- 
sessed or  re-assessed  shall,  for  the  purposes  of  notice  and  such  assessment 
or  re-assessment  be  considered  the  owner  thereof.  No  actions,  suits  or  other 
proceedings  pending  at  the  time  of  the  enactment  of  this  Charter  brought 
under  or  depending  upon  Section  35  of  the  Revised  and  Consolidated  Char- 
ter of  the  City  of  La  Grande,  adopted  June  22,  1909,  or  any  improvement 
constructed  under  the  provisions  thereof,  shall  be  in  anywise  affected  by 
the  repeal  of  said  section,  or  its  amendment  or  omission  from  this  Charter, 
but  said  section  shall  be  deemed  still  in  effect  as  to  such  actions,  suits,  and 
proceedings  so  pending  until  final  determination  thereof,  or  as  to  im- 
provements made  or  initiated  under  said  section  until  final  completion 
thereof. 

Provided,  however,  that  re-assessments  hereafter  made  shall  take  ef- 
fect and  be  valid  as  in  this  section  provided,  notwithstanding  any  provis- 
ions of  this  section  respecting  pending  actions,  suits  or  proceedings,  and 
such  re-assessments  shall  in  no  wise  be  affected  by  such  provisions. 

Police  Force 

Section  11.  To  provide  and  maintain  either,  or  both,  a  day  and  night 
police  force. 

Gambling,    Prostitution,    Opium,    Tobacco,    Cigarettes 

Section  12.  To  suppress  gaming  and  gambling  houses,  or  places  where 
any  game  in  which  chance  predominates,  is  played  for  anything  of  value, 
and  to  punish  any  person  who  engages  in  such  game  or  keeps  or  frequents 
such  houses;  and  to  define  what  is  gaming  or  gambling;  to  prevent  and 
suppress  bawdy  houses,  or  houses  of  ill  fame,  or  the  leasing  or  letting 
thereof;  and  to  define  what  is  a  bawdy  house  or  house  of  ill  fame;  or 
places  where  fornication  is  practiced,  and  to  punish  any  keeper,  inmate, 
owner  or  lessor  thereof;  to  prevent  and  suppress  opium  smoking  houses  or 
places  kept  therefor,  and  to  punish  any  person  who  shall  vend  or  give 
away  opium  for  the  purpose  of  being  smoked  on  the  premises,  and  to 
punish  any  keeper  of  such  house  or  place,  or  person  who  smokes  therein, 
or  frequents  the  same;  to  tax,  regulate,  license,  prevent  and  prohibit  the 
sale  of  cigarettes,  cigars  or  any  of  them  to  minors. 

Property  Trespass 

Section  13.  To  prevent  and  punish  trespassers  upon  real  and  per- 
sonal property. 

Vagrants;  Obscene  Literature 

Section  14.  To  define  what  shall  constitute  vagrancy  and  provide  for 
the  support,  restraint,  punishment  or  employment  of  vagrants  and  pau- 


MANAGERIAL  SYSTEM  18 


pers;  to  prevent  the  sale,  circulation  or  disposition  of  obscene  literature, 
including  books,  papers,  prints  or  pictures,  and  to  punish  any  person  who 
sells  or  offers  for  sale,  or  who  circulates  or  disposes  of  such  literature, 
books,  papers,  prints  or  pictures,  or  permits  the  same  to  be  done;  and 
to  define  and  declare  from  time  to  time  what  literature,  books,  papers, 
prints  or  pictures  are  obscene  within  the  purposes  and  province  of  this 
provision. 

Nuisances,  How   Abated;   Lien. 

Section  15.  To  prevent  and  remove  nuisances  and  to  declare  what 
shall  constitute  the  same  and  punish  persons  committing,  maintaining  or 
suffering  nuisances,  to  provide  the  manner  of  their  removal  and  to  make 
the  cost  of  such  removal  a  lien  upon  the  property  where  such  nuisances 
existed;  and  to  enter  upon  private  property  for  the  purpose  of  abating 
said  nuisances;  or  to  fill  up  or  drain  any  lot,  blocks  or  parcels  of  land 
where  any  stagnant  water  stands,  and  to  declare  the  same  to  be  a  nuisance, 
and  to  make  the  cost  of  filling  up  or  draining  said  property  a  lien  upon 
the  property  so  filled  up  or  drained,  and  to  provide  a  method  by  ordi- 
nance of  creating  a  lien  upon  said  property  and  the  collection  of  the  same, 
and  providing  the  kind  and  extent  of  notice  to  which  the  property  owner 
may  be  entitled. 

Fire  Limits;   Fire  Department;  Building  Exits;  Fire  Escapes. 

Section  16.  To  define  the  fire  limits;  prohibit  the  erection  or  repair  of 
wooden  buildings  within  the  fire  limits,  and  to  restrict  and  limit  the 
height  of  buildings  within  the  City;  to  provide  for  and  determine  the 
number  and  size  of  places  of  entrance  and  exit  from  all  theatres,  public 
halls,  places  of  amusement,  churches  and  other  buildings  used  for  pub- 
lic gatherings,  and  the  modes  of  hanging  doors  thereat,  and  to  require 
adequate  fire  escapes,  apparatus  and  appliances  for  protection  against  fire 
to  be  provided  in  such  buildings,  and  to  prevent  and  prohibit  the  erection 
of  dangerous  and  unsafe  buildings,  and  to  cause  the  removal  or  tearing 
down  of  the  same  wherever  situated;  to  create,  control  and  regulate  the 
fire  department,  to  provide  apparatus,  officers  and  members  therefor. 
Intoxication;  Fighting;  Quarreling 

Section  17.  To  restrain  and  punish  intoxication,  fighting,  quarreling 
and  disorderly  conduct,  and  any  unlawful  or  indecent  practice,  and  to  de- 
fine what  shall  constitute  the  same. 

Guns;  Bombs;  Fireworks. 

Section  18.  To  regulate  or  prohibit  the  use  of  guns,  pistols  and  fire- 
arms, firecrackers,  bombs  or  detonating  works  of  all  descriptions. 

Riotous  Assemblage. 

Section  19.  To  prevent,  restrain,  punish  or  disperse  any  riot,  or  riot- 
ous or  objectionable  assemblage,  and  to  define  what  shall  constitute  the 
fcame,  or  punish  any  person  taking  part  therein. 

Concealed  Weapons. 

Section  20.  To  prohibit  the  carrying  of  dangerous  or  concealed 
weapons. 

Driving  and  Cruelty  to  Animals 

Section  21.  To  regulate  the  driving  of  animals  through  the  streets; 
and  to  prevent  or  punish  cruelty  to  animals,  and  to  define  what  shall  con- 
stitute such  cruelty. 

Impounding  Animals;  Killing  Dogs 

Section  22.  To  prevent  any  and  all  domestic  animals,  including  fowls, 
from  running  at  large  within  the  City  limits,  and  to  punish  those  persons 
who  allow  animals  to  so  run  at  large;  and  to  provide  for  the  impounding1 
of  said  animals,  and  also  to  provide  for  the  sale  of  such  animals  upon 
five  days'  notice;  and  to  authorize  the  destruction  of  dogs  when  at  large, 
contrary  to  the  prohibition  of  any  ordinance. 

Notice;  Limit  Traffic;  Signs;  Awnings;  Posts;  Poles;  Placards;  Cripples; 
Beggars;  House  Numbers;  Naming  Streets;  Roaming  Streets;  Good  Order. 

Section  23.  To  regulate  and  prevent  public  criers  and  advertising  no- 
tices, the  ringing  of  bells  and  playing  of  bands  on  the  streets  and  to  con- 


W__  A   COMMISSION    CITY    CHARTER 

trol  and  limit  traffic  on  the  streets,  avenues  and  places;  to  regulate  the 
use  of  the  streets  and  side-walks  for  the  use  of  signs,  sign  posts,  hitch- 
ing posts,  awnings,  posts,  telegraph,  telephone  and  electric  light  poles,  and 
other  purposes;  to  prohibit  the  exhibition  of  deformed  or  crippled  persons, 
and  to  prohibit  such  and  all  persons  from  begging  upon  the  streets  or 
any  other  public  places;  regulate  the  exhibition  or  hanging  of  placards 
or  flags  in  or  across  the  streets,  or  from  houses  or  other  buildings,  to 
establish  from  time  to  time  such  public  stations  as  may  be  necessary;  to 
regulate  the  numbering  of  houses  and  lots  on  the  streets  and  avenues, 
and  the  naming  of  streets  and  avenues;  to  prohibit  persons  from  roam- 
ing the  streets  at  unreasonable  hours,  and  to  provide  for  the  peace  and 
good  order  of  the  City. 

Fines  and  Imprisonment 

Section  24.  To  provide  for  the  punishment  of  the  violation  of  any 
of  the  ordinances  of  the  City,  by  fine  or  imprisonment  in  the  City  jail,  tine 
not  exceeding  three  hundred  dollars  ($300.00)  or  imprisonment  not  exceed- 
ing one  hunderd  fifty  (150)  days,  or  both,  or  by  forfeiture  as  penalty, 
not  exceeding  three  hundred  dollars  ($300. 00)  and  by  working  any  person 
sentenced  to  such  imprisonment  on  the  streets,  parks,  public  squares,  in 
work  houses  or  houses  of  correction  during  the  time  thereof,  and  to  pro- 
vide for  the  punishment  of  any  person  sentenced  to  prison  who  shall  re- 
fuse to  work  when  ordered. 

Caring  For  Vagrant  Children 

Section  25.  To  provide  for  the  care,  attention,  control,  safe  keeping 
and  education  of  delinquent  and  dependent  children,  as  denned  by  the  gen- 
eral laws  of  the  State  of  Oregon  now  in  force,  or  any  amendments  there^ 
to  hereafter  made. 

Contagious  Diseases;  Health;  Plumbing;  Steam  Boilers 

Section  26.  To  make  regulations  to  prevent  the  introduction  of  con- 
tagious diseases  in  the  City,  or  to  remove  persons  afflicted  with  such  dis- 
eases therefrom  to  suitable  hospitals,  provided  by  the  City  for  that  pur- 
pose, to  secure  the  protection  of  persons  and  property  therein  and  to  pro- 
vide for  the  health,  cleanliness  and  ornament  of  the  City,  to  regulate 
plumbing  and  drainage  of  buildings  and  the  use  of  steam  boilers  and 
generators,  and  to  provide  for  the  registration  of  plumbers,  and  to  make 
effectual  such  regulations  as  the  Commission  may  deem  expedient  to  pass, 
by  providing  penalties  for  the  breach  of  any  of  the  provisions  thereof;  to- 
make  such  sanitary  regulations  as  to  the  Commission  may  seem  proper. 
Markets;  Slaughter  and  Hide  Houses;  Weights;  Measures;  and  Unwhole- 
some Food 

Section  27.  To  provide  for  the  establishment  of  market  houses  and 
places,  and  to  regulate  the  erection  and  maintenance  of  market  houses, 
hide  houses  and  other  like  places;  to  regulate  or,  prohibit  the  location  or 
maintenance  of  slaughter  houses  or  hide  houses  within  the  City  limits  or 
for  a  distance  of  three  (3)  miles  without  the  City  limits;  to  provide  a 
standard  of  weights  and  measures;  to  provide  for  the  punishment  of  any 
person  giving  short  weights  or  measure  and  authorize  an  inspection  of 
weights  and  measures  and  of  food,  to  prevent  and  prohibit 
the  sale  of  unhealthy  and  unwholesome  food;  to  provide  for  the  office  of 
City  Weigher  and  Measurer  and  to  prescribe  his  duties. 

Constructing  Sewers 

Section  28.  To  divide  the  City  into  convenient  sewer  districts  and 
the  sewer  districts  into  sections  for  the  purpose  of  local  improvement  and, 
whenever  in  the  opinion  of  the  Commission,  it  is  deemed  necessary  for 
the  protection  of  the  health  of  said  district,  section  and  City  to  provide 
for  the  construction  of  sewers,  the  same  may  be  constructed  within  such 
district  or  section  and  the  payment  of  the  expenses  thereof  made  by  the 
levy  of  a  special  assessment  in  the  manner  heretofore  provided  for,  dis- 
trict improvements  upon  the  property  which  is  specially  benefited  by  rea- 
son of  the  construction  of  said  sewers. 

Right  of  Way;  Sewer  Connection. 

Section   21).     To   locate   and   construct  any   ditch,   canal    or   pipe   for   the- 


MANAGERIAL   SYSTEM  20 


conduct  of  water  and  any  such  drain,  sewer  or  culvert  it  shall  deem  nec- 
essary, or  convenient,  and  for  such  purpose  shall  have  the  right  to  enter  upon 
any  land  between  the  terminals  of  such  ditch,  canal  or  pipe,  or  drain,  sewer  or 
culvert,  for  the  purpose  of  examining,  locating  and  surveying  the  line  of 
said  ditch,  canal,  pipe,  drain,  sewer,  or  culvert,  and  to  appropriate  as 
much  of  said  land  as  may  be  necessary  for  the  construction  of  said  ditch, 
canal,  sewer,  pipe,  drain  or  culvert  in  like  manner  as  is  provided  by  the 
lav/s  of  the  State  of  Oregon  for  the  condemnation  and  appropriation  of 
lands  or  rights  of  way  by  railroad  corporations  and  also  to  appropriate  and 
divert  from  its  natural  sources  or  channel  for  the  purpose  of  draining  or 
flushing  any  drain,  sewer  or  culvert,  any  spring,  or  streams,  or  water  and 
to  regulate  water  and  sewer  connections,  and  to  assess  the  cost  of  the 
right  of  way  for  said  ditch,  drain,  sewer  or  culvert,  as  fixed  by  the  con- 
demnation proceedings,  to  the  property  benefited  thereby. 

Water  Works 

Section  30.  To  provide  the  City  with  good  and  wholesome  water,  and 
for  the  erection  and  construction  of  such  water  works,  reservoirs,  pipe- 
lines and  other  conduits  as  may  be  necessary  or  convenient  therefor.  Af- 
ter the  taking  effect  of  this  Charter,  in  the  discretion  of  the  Commission, 
all  water  mains  laid  or  constructed  in  the  City  of  La  Grande  may  be  laid, 
constructed  and  assessed  and  paid  for  in  the  same  manner  as  provided 
by  Sections  10  and  28,  Chapter  VI  of  this  Charter,  with  reference  to  the 
construction,  assessment  and  payment  of  sewers  and  drains  in  the  said 
City,  except  that  if  all  the  property  owners  to  be  served  by  the  said  water 
main  extension  shall  execute  an  agreement  with  the  City,  constantly  to 
take  and  pay  for  the  water  so  furnished  at  the  rates  provided  therefor 
by  the  Water  Department,  from  the  date  of  the  completion  of  the  water 
main  extension  henceforth,  then  the  Commission  may  pay  the  cost  of  con- 
structing the  said  water  main  out  of  the  water  fund  of  the  City  of  La 
Grande;  provided,  further,  that  the  Commission  shall  have  the  power  to 
declare  to  be  nuisances  the  water  supply  for  domestic  uses  from  wells 
located  within  the  district  or  districts  served  by  the  water  mains,  exten- 
sions or  laterals  of  the  water  works  of  said  City  and  to  abate  the  same 
in  the  manner  provided  by  this  Charter,  or  any  ordinance  enacted  there- 
under. 

Regulating  Cesspools 

Section  31.  To  prevent  the  erection  or  maintaining  of  privies  or  cess 
pools  within  one  hundred  seventy  (170)  feet  of  any  street  or  alley  or 
ether  place,  in  which  a  sewer  has  or  may  be  hereafter  constructed;  to 
require  under  suitable  penalty  all  persons  to  connect  their  buildings  with 
said  sewer  if  within  a  distance  of  one  hundred  seventy  (170)  feet  of  the 
sewer,  provided,  in  case  where  blocks  are  more  than  one  hunderd  seventy 
(170)  feet  in  width,  this  authority  shall  extend  to  the  center  of  the  block; 
to  condemn  rights  of  way  for  the  purpose  of  connecting  with  said  sewers 
in  all  cases  where  necessary,  said  condemnation  proceedings  to  be  sub- 
stantially the  same  as  provided  by  the  general  laws  of  the  State  of  Ore- 
gon for  the  appropriation  and  condemnation  of  rights  of  way  by  rail- 
road corporations,  the  just  compensation  or  the  amount  allowed  in  a  con- 
demnation suit  for  said  rights  of  way  to  be  paid  by  the  property  owners 
whose  duty  it  is  to  connect  their  property  with  said  sewers. 
Gas  and  Electric  Lights 

Section  32.  To  provide  for  lighting  the  streets,  parks,  buildings  and 
other  public  places  of  the  City,  and  furnishing  the  City  with  gas,  electric 
or  other  lights,  and  for  the  erection,  construction  and  maintenance  of 
such  works  within  or  without  the  City  limits  or  convenient  thereto;  to 
regulate  the  rates  charged  consumers  by  gas  and  electric  and  other  light 
companies  doing  business  in  the  City  of  La  Grande  under  franchises  grant- 
ed heretofore  or  hereafter  to  be  granted  by  the  City  of  La  Grande. 
Minor  Sidewalk  Assessments 

Section  33a.  The  Commission  may,  by  resolution,  require  the  repair, 
construction,  or  re-construction  of  any  sidewalk  by  the  owner  of  any  abut- 
ting property,  and  shall  appoint  a  Committee  on  Estimates,  consisting  of 


21  A    COMMISSION   CITY    CHARTER 


two  members  of  the  Commission,  who  shall  examine  the  abutting  property 
to  be  affected  or  benefited  by  such  sidewalk  improvement  or  repair,  and 
upon  which  local  assessments  are  to  be  levied,  to  the  extent  and  valuation 
of  the  special  benefits  to  be  derived  from  such  improvement,  if  any;  said 
Committee  shall  report  its  findings  in  writing  to  the  Commission,  said  re- 
port showing  the  character  of  the  work  to  be  done;  the  estimated  cost; 
the  abutting  property  specially  benefited  thereby;  and  the  owner  or  re- 
puted owner  thereof. 

The  Commission  shall  then  consider  the  said  report  and  may  adopt 
the  same  or  amend  and  adopt  the  same,  and  upon  the  adoption  of  said 
report,  or  the  adoption  of  the  same  as  amended,  the  City  Recorder  shall 
prepare,  and  the  police  shall  serve  notice  on  the  owner  or  reputed  owner 
of  the  abutting  property  to  said  sidewalk;  such  notice  shall  contain  a  de- 
rcription  of  the  repair  and  improvement  so  proposed;  the  time  and  place 
when  the  Commission  shall  meet  to  hear  all  objections  and  remonstrances, 
claims  of  grievance  of  any  person  interested;  the  estimated  cost  of  said 
repair  or  improvement,  and  the  property  to  be  affected  and  benefited  there- 
by, such  notice  shall  be  personally  served  at  least  five  (5)  days  prior  to 
the  day  fixed  for  said  hearing  upon  the  property  owner  or  reputed  owner 
of  said  abutting  property;  or,  in  case  he  cannot  be  found  within  said  City, 
then  by  publication  for  five  (5)  days  in  a  newspaper  published  within  said 
Cicy,  except  Sunday,  immediately  preceding  the  time  fixed  for  said  hear- 
ing; proof  of  personal  service  to  be  made  by  affidavit  of  police,  and  of 
service  by  publication  by  the  owner,  manager  or  printer's  foreman  of 
said  newspaper. 

Said  affidavit  shall  be  filed  in  the  office  of  the  City  Recorder  on  or 
prior  to  the  time  fixed  for  the  hearing.  On  the  day  set  for  the  hearing, 
the  Commission  shall  consider  any  and  all  remonstrances  thereto,  and  may, 
by  resolution,  if  it  still  deems  it  expedient  to  make  such  repair,  construc- 
tion or  re-construction  of  side-walks,  direct  the  Street  Superintendent  of 
said  City  to  proceed  to  make  such  improvement;  and  all  the  costs  thereof, 
with  the  costs  of  the  engineering,  plans,  specifications  and  advertising,  shall 
be  entered  up  in  the  Lien  Docket  of  the  City  against  said  property,  and 
shall  constitute  a  lien  against  the  abutting  property  in  the  manner  as 
liens  for  street  improvements  are  assessed;  provided,  that  the  Commis- 
sion at  its  said  hearing,  may  by  resolution,  authorize  the  owner  of  the  abut- 
ting property  to  make  such  sidewalk  repair,  construction  or  re-construc- 
tion within  a  day  named,  or  on  failure  to  do  same,  authorize  the  street 
superintendent  to  proceed  as  aforesaid;  provided  further,  that  nothing 
herein  contained  shall  prevent  any  abutting  property  owner  from  construct- 
ing, re-constructing  or  repairing  a  sidewalk  upon  the  orders  of  the  Street 
Superintendent,  and  in  accordance  with  the  plans  and  specifications  fur- 
nished by  the  City  Engineer  therefor. 

Prevent  Encroachments  and  Obstructions 

Section  33.  To  provide  for  the  prevention  and  removal  of  encroach- 
ments upon  and  obstructions  from  and  for  the  cleaning  and  repairing  of 
the  streets,  sidewalks,  cross  walks,  alleys,  avenues,  lanes  or  other  hign- 
ways  of  the  City  and  compel  owners,  lessees,  agents  and  occupants  of  land 
abutting  upon  the  streets  to  remove  such  obstructions  and  repair  the 
streets,  sidewalks,  alleys,  lanes  or  other  highways  of  the  City,  and  to  pun- 
ish such  persons  for  refusing  to  do  so. 

Surveying  of  Blocks  and  Streets 

Section  34.  To  provide  for  surveying  the  blocks,  streets,  alleys  or 
parks  of  the  City,  and  making  the  boundary  lines  of  such  blocks,  streets, 
alleys  or  parks. 

Regulating  Roadways;  Railways;  Transportation;  Horses  and  Vehicles. 

Section  35.  To  regulate  the  use  of  streets,  roads,  highways  and  pub- 
lic places  for  foot  passengers,  animals,  vehicles,  cars,  street  railways  and 
locomotives,  to  regulate  the  speed  of  railroad  trains,  cars  or  engines,  motor 
cars,  automobiles,  motorcycles,  or  other  vehicles  within  the  corporate  lim- 
its, the  loud  or  unnecessary  blowing  of  whistles;  to  regulate  the  transpor- 
tation of  gunpowder,  dynamite,  nitro-glycerine  and  other  combustibles 


MANAGERIAL   SYSTEM  22 


through  the  streets  of  the  City;  to  protect  the  public  from  injuries  by 
runaways,  by  punishing  persons  who  negligently  leave  horses  or  carriages 
in  the  streets  without  fastenings;  to  prescribe  the  width  of  tires  on  all 
wagons,  carriages,  drays,  trucks,  carts  and  other  vehicles  and  the  weight 
to  be  carried  thereby,  for  the  preservation  of  the  streets  and  highways. 
Sidewalks;  Building  Fronts;  Barbed  Wire  Fences. 

Section  36.     To  regulate  the  use  of  sidewalks  and  to  prevent  the  ex- 
tension of  building  fronts  within  the  street  line  and  to  prohibit  the  build- 
ing and  use  of  barbed  wire  fences,  within  the  corporate  limits. 
Street  Surfaces;  Gas  and  Water  Mains;  Sewers. 

Section  37.  To  regulate  the  opening  of  street  surfaces,  the  laying  of 
gas  and  water  mains;  the  building  and  repairing  of  sewers  and  the  erec- 
tion of  electric,  gas  and  other  lights. 

Opening  and  Widening  of  Streets 

Section  38.  To  open,  establish  and  widen  streets,  avenues,  lanes,  and 
alleys  upon  payment  of  just  compensation  therefor  and  to  bring  suits  for 
the  condemnation  for  the  land  required  for  such  purposes;  and  to  assess 
the  amount  of  said  just  compensation  to  the  property  benefited  by  the  op- 
ening, establishment  and  widening  of  streets,  avenues,  lanes,  and  alleys;  to 
vacate  streets,  avenues,  lanes  and  alleys;  to  grade,  pave,  plank,  macad- 
amize, gravel,  curb  and  otherwise  improve,  repair  or  beautify  the  high- 
ways, streets,  avenues,  lanes  and  alleys  of  the  City;  to  build  sidewalks; 
to  require  property  owners  to  remove  weeds  and  other  noxious  growths 
from  the  surface  of  their  property;  to  require  parking  strips  between  side- 
walks and  curbs  to  be  graded  and  planted  to  lawn  grass;  to  establish 
building  lines;  to  establish  lines  for  the  erection  of  shade  and  other  orna- 
mental trees;  to  regrade,  repave,  replank,  regravel,  recurb  and  otherwise 
jeimprove  the  highways,  streets,  avenues,  lanes,  alleys  and  sidewalks  of 
the  City;  to  provide  for  the  payment  of  the  expense  thereof  and  to  levy 
special  assessments  in  the  manner  provided  in  Section  10  of  Chapter  VI 
of  this  Charter,  upon  the  property  which  is  specially  benefited  by  such 
improvement. 

Sprinkling  Streets 

Section  39.  To  provide  for  the  sprinkling,  flushing,  cleaning  and  re- 
pair of  any  or  all  streets  in  the  City  and  to  pay  for  the  same  out  of  the 
general  fund,  or  levy  special  assessments  upon  the  property  benefited 
thereby  in  the  manner  provided  in  Section  10,  Chapter  VI  of  this  Charter, 
hereinbefore  stated. 

House  Moving;  Dangerous  Buildings 

Section  40.  To.  prevent  the  erection  or  moving  of  buildings  within  the 
city  limits,  which  shall  be  dangerous  to  the  passersby  or  to  the  adjacent 
property,  or  an  obstruction  to  public  travel,  and  in  case  any  building  or 
any  public  street  shall  become  dangerous  to  passersby,  the  Commission 
shall  have  power  to  cause  the  same  to  be  removed  or  made  safe  at  the 
expense  of  the  property,  upon  five  (5)  days'  notice  to  the  owner  thereof 
or  agent  therefor;  and  to  determine  by  resolution  when  the  same  is  dan- 
gerous. Such  expense  shall  be  made  a  lien  upon  the  property  and  shall 
be  levied,  assessed  and  collected  in  the  same  manner  as  assessments  for 
street  improvements  and  the  Commission  may  regulate  the  time  and  man- 
ner of,  or  prohibit  the  removal  of  buildings  through  the  streets  of  the 
City,  and  may  designate  the  character  of  the  buildings  which  may  or  may 
not  be  moved. 

Regulating  Poles;  Wires;  Cables  and  Underground  Conduits 

Section  41.  To  allow,  authorize,  provide  for  and  regulate  the  erection, 
maintenance  and  removal  of  telegraph,  telephone,  electric  light,  electric 
railway  and  other  poles,  wires  and  cables,  and  the  laying  and  use  of  un- 
derground conduits  or  subways  for  the  same,  in,  under,  upon  and  over 
the  streets,  alleys  or  public  parks,  and  public  grounds  of  the  said  City, 
and  in,  under,  over  and  upon  any  lands  owned,  or  under  the  control  of 
the  City,  whether  they  be  inside  the  limits  of  said  City  or  not;  and  to 
require  all  such  wires  and  cables  to  be  laid  in  said  conduits  or  subways. 


23 A   COMMISSION   CITY   CHARTER 

Appropriating  Money 

Section  42.  To  appropriate  money  and  pay  debts,  liabilities  and  ex- 
penditures of  the  City,  or  any  part  or  item  thereof. 

Taking  Census;  Deaths   and   Births;   Sextons  and  Physicians. 

Section  43.  To  provide  for  a  census  of  the  inhabitants  of  the  City; 
to  regulate  the  burial  of  the  dead  and  require  registration  of  all  births 
and  deaths;  to  provide  suitable  penalties  for  the  violation  of  ordinances 
enacted  under  this  power;  to  create  a  Department  of  Health  and  the  office 
of  City  Physician  and  prescribe  his  duties. 

Regulating   the   Storage   of   Gun   Powder;   Dynamite. 

Section  44.  To  regulate  and  restrict  the  storage  of  gun  powder,  dy- 
namite, giant  powder,  nitro-glycerine,  oil  and  other  combustible  material, 
and  to  prevent  their  manufacture  in  the  City,  and  to  prevent  by  all  proper 
means,  danger  or  risks  or  injury  or  damage  by  fire,  arising  from  careless- 
ness, negligence  or  otherwise. 

Duties  of  Officers 

Section  45.  To  prescribe  the  duties  of  all  officers  of  the  City,  other 
than  the  Commissioners,  either  elective  or  appointive  and  to  require  each 
to  give  a  surety  bond  for  the  faithful  performance  of  his  duties  in  such 
sums  as  the  Commission  shall  designate,  the  premiums  on  said  bonds  to 
be  paid  from  the  general  fund  of  the  City  Treasury. 

To  Exercise  Power 

Section  46.  To  exercise  such  power  and  authority  as  may  be  given 
to  the  Commission  in  this  Charter,  subject,  however,  to  the  initiative, 
referendum  and  recall,  (as  now,  or  may  hereafter,  be  provided  by  the 
general  laws  of  the  State  of  Oregon). 

Powers,  How  Exercised. 

Section  47.  The  powers  and  authority  given  to  the  Commission  by 
this  Charter,  wherein  the  same  when  executed  is  municipal  legislation, 
can  only  be  exercised  or  enforced  by  ordinance,  unless  otherwise  expressly 
provided,  but  all  powers  and  authority  given  to  the  Commission  by  this 
Charter  not  amounting  to  municipal  legislation  may  be  exercised  either 
by  ordinance  or  resolution,  in  the  discretion  of  the  Commission,  except 
as  otherwise  herein  provided.  And  the  Commission,  upon  concurrance  of 
any  two  Commissioners  may  pass  any  ordinance  or  resolution  not  repug- 
nant to  the  Constitution  or  laws  of  the  United  States  or  of  the  State  of  Ore- 
gon, necessary  or  convenient  for  carrying  into  effect  any  power  or  authority 
granted  by  this  Charter,  except  wherein  limited  by  the  provisions  of  this 
Charter. 

Limitations  of  Power 

Section   48.     The   Commission   shall   not  have   power; 

(1).  To  authorize  or  make  any  contract  for  continuous  service  for  a 
longer  period  than  five  (5)  years,  but  the  payment  of  a  debt  may  be  limitec 
in  time  not  to  exceed  twenty  (20)  years. 

(2).  To  grant  a  franchise,  even  after  a  referendum,  for  a  longer 
period  than  twenty-five  (25)  years. 

CHAPTER  VII. 

PUBLIC  UTILITIES  AND  FRANCHISES 
Public  Utilities 

Section  1.  The  City  of  La  Grande  shall  have  power  to  construct,  con- 
demn, purchase,  add  to,  acquire,  maintain,  operate  and  own  all  or  any 
part  of  any  public  utility  or  any  plant  or  enterprise,  for  the  pur- 
pose of  serving  the  City  and  the  people  thereof  for  uses  public  and  pri- 
vate. Such  power  may  be  exercised  in  any  lawful  manner  and  shall  in- 
clude the  power  to  purchase,  condemn  or  otherwise  acquire  any  franchise 
heretofore  granted  to  operate  a  public  utility. 

Power  of  City  to  Construct  or  Acquire 

Section  2.  The  City  shall  have  the  power  to  construct  and  acquire 
in  any  legal  way  and  to  maintain  and  operate  works,  plans  and  facilities 


MANAGERIAL   SYSTEM  24 


for  the  purpose  of  doing  any  and  all  municipal  work  by  direct  employment 
of  labor  under  the  supervision  of  the  City  and  may  use  such  works,  plants 
and  facilities  and  product  thereof  for  the  purpose  of  doing  municipal  work 
of  all  kinds,  and  shall  have  the  power  to  sell  such  product  for  use  in  the 
construction  of  municipal  improvements  of  the  City.  It  shall  have  power 
tc  provide  payment  for  the  whole  or  any  part  of  local  improvements  con- 
structed or  done  by  the  City  directly  under  the  provisions  of  this  section 
as  may  be  provided  by  issuing  bonds  as  provided  by  Chapter  VI,  Section 
i,  of  this  Charter  or  by  the  use  of  any  moneys  in  the  general  fund  at  the 
end  of  the  fiscal  year. 

Public   Utility   Defined 

Section  3.  The  term  "public  utility"  as  used  in  this  Charter  shall  be 
deemed  to  include  every  plant,  property  or  system  engaged  in  the  public 
service  within  the  City  or  operated  as  a  public  utility  as  such  terms  are 
cominonly  understood. 

Regulation  of  Utilities 

Section  4.  The  Commission  shall  have  general  supervision  and  power 
of  ieguiation  of  all  public  utilities  within  the  City  of  La  Grande,  and  of 
all  persons  and  corporations  engaged  in  the  operation  thereof,  subject  to 
the  provisions  of  this  Charter. 

Public  Utility  Certificates 

Section  5.  The  Commission  is  hereby  granted  power  to  issue  and  sell 
interest  bearing  public  utility  certificates  for  the  construction  or  acquisi- 
tion by  purchase,  condemnation  or  otherwise  of  any  public  utility  to  be 
operated  within  the  City.  The  certificates  shall  be  secured  by  a  mortgage 
or  mortgages  upon  such  public  utility  plant  and  the  revenues  thereof;  but 
the  same  shall  not  be  a  general  liability  of  the  City,  and  shall  be  paid 
solely  from  the  revenues  derived  from  the  plant  or  from  the  sale  thereof. 
Su^h  power  shall  be  exercised  only  by  ordinance  which  shall  be  subject 
to  referendum  in  like  marner  and  upon  like  terms  and  conditions  as  or- 
dinances granting  franchises. 

Investigation  of  Public   Utilities 

Section  6.  The  Commission  shall  have  power  to  investigate  from  time 
to  time,  and  whenever  they  shall  deem  that  the  public  service,  health  or 
welfare  require  it,  the  affa'irs,  business  and  property  of  any  public  utility 
.vithin  the  City.  For  that  purpose  they  have  the  right  to  compel  attend- 
ance of  witnesses  and  the  production  of  books,  papers  and  records,  and 
of  entry  in  person  or  by  authorized  agent  upon  any  premises  or  places  of 
any  person  or  corporation  engaged  in  the  operation  of  a  public  utility. 
They  shall  have  the  power  to  control,  regulate  and  order  such  changes,  im- 
provements, extensions,,  additional  facilities,  appliances  or  equipment  in 
or  upon  the  plant  and  property  of  any  person  or  corporation  operating 
public  utilities  within  the  City  as  may  be  deemed  necessary  to  promote  the 
public  interest,  convenience  or  safety,  and  to  protect  its  employees  in  the 
construction,  maintenance  or  operation  of  any  such  public  utilities.  Ev- 
ery charge,  rate,  fee  or  compensation  made,  charged  or  demanded  by  any 
person  or  corporation  engaged  in  the  operation  of  a  public  utility  within 
the  City  of  La  Grande  for  any  service  rendered  or  to  be  rendered  shall 
be  just,  fair  and  reasonable.  The  Commission  shall  have  power  to  hear 
iind  determine  what  is  just,  fair,  and  reasonable  rates,  fees  and  charges 
and  to  fix  and  limit  such  rates,  fees  and  charges  and  for  that  purpose  may 
make  valuations  of  the  property  of  any  person  or  corporation  engaged  in 
the  operation  of  a  public  utility  within  the  City. 

To  that  end  they,  may  make  and  enforce  regulations  providing  that  at 
any  time  of  construction  or  acquisition  of  any .  plant,  or  property  render- 
ing a  public  service  and  of  any  improvement  or  additions  thereto  the  per- 
son or  corporation  having  charge  thereof  shall  record  with  the  City  Re- 
corder a  description  of  all  property  which  such  person  or  corporation  shall 
intend  to  present  for  such  valuation  and  all  later  improvements  when  made, 
together  with  full  information  as  to  the  cost  thereof  and  vouchers  sup- 
porting the  Fame,  to  the  end  that  a  complete  record  of  all  property  to  be 
valued  under  this  section  shall  be  at  all  times  available. 


25 A   COMMISSION   CITY   CHARTER 

Public  Utility  Shall  File  Report 

Section  7.  (A)  Every  person  or  corporation  operating  a  public  util- 
ity within  the  rendering  service  to  be  paid  for  wholly  or  in  part  by  the 
users  of  such  service  shall  keep  full  and  correct  books  and  accounts  and 
make  quarterly  reports  in  writing  to  the  Commission  verified  by  such  per- 
son or  an  officer  of  the  corporation,  which  shall  contain  an  accurate  state- 
ment in  summarized  form  as  well  as  in  detail  of  all  receipts  from  all 
sources  and  all  expenditures  for  all  purposes,  together  with  a  full  state- 
ment of  all  assets  and  debts  including  stock  and  bond  issues  as  well  as 
such  other  information  as  to  the  cost  and  profits  of  such  service,  and  the 
financial  condition  of  such  grantee  as  the  Commission  may  require.  Such 
reports  shall  be  made  public  and  a  summary  thereof  shall  be  printed  as 
a  part  of  the  annual  report  of  the  Recorder,  and  the  Commission  may  in- 
spect or  examine,  or  cause  to  be  inspected  or  examined,  at  all  reasonable 
hours,  any  and  all  books  of  account  and  vouchers  of  such  grantee. 

(B)  Reports  shall  be  made  in  accordance  with  forms  and  methods  pre- 
scribed by  the  Commissioners  and  so  far  as  practicable   shall  be  uniform 
for  all   grantees   and  holders   of  franchises,  and   shall,  except  for  import- 
ant and   necessary   changes,   conform   to   such   reports   as   are   required   by 
state  or  federal  public  utility  commissions. 

(C)  Every  failure   or  neglect  on   the   part   of  the   grantee   or  holder 
of  a  franchise  to  keep  books  of  account  or  to  make  reports  under  this  sec- 
tion  shall   be   deemed   an   off ense   and   the    Commission   may   by   ordinance 

Erovide  for  the  punishment  of  every  such  violation,  failure  or  neglect  by 
ne  or  imprisonment,  or  both,  of  the  person  or  persons  whose  duty  it  shall 
be  to  keep  such  reports. 

(D)  The  enumeration  in  this  chapter  of  any  particular  or  special  pow- 
er or  duty  shall  be  construed  as  additional  and  supplemental  to  any  and 
till  powers  residing  in  or  otherwise  conferred  upon  the  City  of  La  Grande 
by  law. 

Power  of  the  Commission  to  Make  Rules 

Section  8.  (A)  The  Commissioners  shall  have  power  to  make  all 
orders,  rules  and  regulations  necessary  or  appropriate  to  carry  into  effect 
the  powers  granted  and  to  make  the  same  effective  by  penalties  and  for- 
feitures, and  upon  failure  by  any  franchise  holder  to  comply  with  any  of 
the  requirements  of  the  provisions  of  this  Chapter  for  a  period  of  thirty 
(30)  days  after  notice,  the  Commission  shall  have  power  to  declare  by 
ordinance  a  forfeiture  of  the  franchise  under  which  any  person  or  corpo- 
ration so  failing  to  comply  is  operating  a  public  utility  within  the  City 
of  La  Grande. 

(b)  Every    such    order,    rule    or    regulation    of    the    Commission    shall 
take  effect  at  a  time   to  be   therein   specified,  and   shall   continue   in   force 
until  modified  or  abrogated  by  the  Commission  or  modified,  suspended  or 
set  aside  by  the  decree  or  judgment  of  a  court  of  competent  jurisdiction. 

(c)  Whenever  any  person  or  corporation  against  whom  any  rule,  or- 
der  or   regulation   is    directed,   as    provided    by    the    foregoing    subdivisions 
shall  believe  an  order  to  be  unjust  or  unreasonable,  he  or  it  may  test  its 
justice    or  unreasonableness   by   a   proper   action    in   the   courts   commenced 
within   thirty    (30)    days  after   service   of  any   such   order,  rule   or   regula- 
tion, and  in  such  action  such  further  order  may  be  entered  in  the  prem- 
ises as  shall  be  warranted  by  the  facts  developed  upon  the  trial  and  the 
law  applicable  thereto. 

Franchises   Subject   to   the   Provisions   of   This    Chapter 

Section  9.  Every  franchise  hereafter  granted  shall  be  expressly  sub- 
ject to  all  the  provisions  of  the  foregoing  sections  and  the  power  of  con- 
trol and  regulation  as  authorized  by  such  sections  cannot  be  limited,  di- 
vested or  granted  away.  Subject  to  the  initiative  and  referendum  such 
power  of  control  and  regulation  shall  be  exercised  by  the  Commission  and 
may  be  exercised  by  the  Commission  through  its  agents. 
Franchise  Deemed  as  Property 

Section  10.  Every  franchise  granted  under  this  Charter  shall  be  taken 
and  deemed  as  property  and  shall  be  subject  to  taxation  as  property. 


MANAGERIAL   SYSTEM 


Limitation  as  to  Time 

Section  11.  Franchises  may  be  granted  for  a  limited  time  in  and  up- 
on the  streets,  highways  and  public  places  and  property  of  the  City  of  La 
Grande,  in  the  manner  and  subject  to  the  conditions  herinafter  contained. 
No  Exclusive  Franchise  Granted 

Section  12.  No  exclusive  franchise  shall  be  granted  nor  shall  any 
franchise,  lease,  or  right  be  granted  for  a  longer  period  than  twenty  years. 

Franchise — What  to  Contain 

Section  13.  Every  Franchise  granted  by  the  City  of  La  Grande  shall 
contain  full  and  explicit  statements  of  its  conditions  in  the  following  par- 
ticulars: 

(a)  In   case   of  railroads   and  street  railways  it  shall   specify  plainly 
the    streets    or    other    places    or   parts    thereof    to    which    they    apply.    Any 
other  franchise  shall   state  the  boundary   of  the  district  or  districts  with- 
in which  it  shall  be  exercised. 

(b)  The  amount  and  manner  of  payment  of  the  compensation  to  be 
paid  by  the  grantee  for  the  right.     The   Commission  shall  make  an  esti- 
mate of  the  cash  value  of  any  franchise  upon  the  filing  of  the  application, 
or  an  estimate  of  what  it  may  consider  fair  compensation  to  the  City  for 
the  franchise,  and  the  same  shall  be  en  tered  upon  the  minutes  of  the  pro- 
ceedings of  the  Commission  and  published  with  the  published  copy  of  the 
franchise.     In  lieu  of  a  money  valuation   the   Commission  may   at  its   op- 
tion declare  what  will  be  a  reasonable  reduction  of  fares,  rates  or  charges, 
either   at  the   beginning   or  progressively  from   time   to   time,   to   be   made 
by  the  grantee  in  compensation  for  the  grant. 

(c)  The   time   of   beginning   the   construction   or   other   work   thereun- 
der, the  estimated  total  cost  of  such  work,  the  monthly  or  yearly  sums  of 
money  to  be  expended  thereon,  and  in  case  of  franchise  to  transportation 
companies    or    other   franchises    covering   certain    streets      or     portions      of 
streets,  the  time  within  which  the  work  under  such  franchise  shall  be  com- 
pleted upon  such  streets  or  portions  of  streets  respectively. 

(d)  Every   grant   of   a   franchise   which   provides    for   or   permits   the 
changing   01    rates,   lares,   or   charges    shall   contain   a  provision   fixing   the 
maximum    that   the    holder   can    collect   for    service   rendered   by    virtue    of 
said  franchise  and  the  operation  of  the  plant  or  property  thereunder;  subject, 
however,    to    the   power    of   regulation    prescribed    in    this    Charter.      Rules, 
however,    shall    always    be    uniform    to    all    persons    of    like    classes    under 
similar  circumstances  and  conditions. 

(e)  Every  franchise   shall   be   embodied   in   an   ordinance,   which   shall 
contain  all   the  terms  and  conditions   of  the  proposed  grant,   and   shall   be 
filed  with  the  Recorder.     Thereupon  such  proposed  ordinance  shall  be  pub- 
lished in  full  once  in  the  City   Official   Newspaper  and  given  as  full  pub- 
licity as  may  be  under  the   circumstances,  notice   prepared   by   the   Recor- 
der, that  an  application  has  been  made  for  a  franchise,  giving  the   name 
of   the    applicant,   the   character   and    location   of   the    proposed   grant,   and 
requesting   any   person   having   any   objections    to    such    proposed   franchise 
or   any  provisions   thereof  to   file   the   same   in   writing   with   the    Recorder 
within    twenty    (20)    days    from    the    first    publication    of    such    notice.      If 
such  request  is  made  therefor,  the  Commission  shall  fix  a  time  for  a  hear- 
ing upon   such  objections,  and   give   reasonable   notice   of  the   time   thereof 
not  less  than  five   (5)   days.     All  such  publications  and  notices  shall  be  at 
the   expense  of  the  applicants  for  such  franchises.     Such   ordinances   shall 
not  come  up  for  first  reading  until  after  the  expiration  of  the  said  twenty 
(20)    days.      If   such    ordinance    shall    be   amended,   it   shall    be    republished 
in   the    City    Official    Newspaper   in    full    as    amended.      No    such    ordinance 
granting  a  franchise   shall  be  put  on  its  final  passage  within   thirty    (30) 
days  after  the  first  reading  nor  within  twenty   (20)  days  after  any  amend- 
ment   thereto,    and    the    affirmative    vote    of    three    Commissioners    shall    be 
required  to  pass   the   same. 

(f)  The    enumeration    and    specifications    of   particular   matters    which 
must    be    included    in    every    franchise    granted    shall    not    be    construed    to 
impair   the   right   of   the    City   to    insert   in    such   franchise    such   other    and 


27 A   COMMISSION   CITY   CHARTER 

further   conditions   and   restrictions   as   the    Commission   may   deem   proper 
for  the  public  welfare. 

Franchise  Not  to  be  Sublet  or  Leased 

Section  14.  No  franchise  shall  be  sublet  or  assigned,  nor  shall  any 
of  the  rights  or  privileges  thereby  granted  or  authorized  be  leased,  as- 
signed, sold  or  transferred  without  the  consent  of  the  City  of  La  Grande 
expressed  by  ordinance  which  shall  be  subject  as  other  ordinances,  to 
the  referendum. 

Franchise  Conditions 

Section  15.  Every  franchise  granted  by  the  City  of  La  Grande  shall  be 
subject  to  the  conditions  and  restrictions  hereinafter  provided,  to  wit: 

(a)  That  the  City  may  in  any  lawful  manner  and  upon  the  payment  of 
a  fair  valuation  lawfully  ascertained,  purchase,  condemn,  acquire,  take  ov- 
er and  hold  the   property   and  plant  of  the   grantee  in   whole   or   in  part; 
if  such  purchase  or  taking  over  be   at  the  expiration   of  the  term  of  the 
franchise,  such  valuation   shall  not  include   any  sum     for     the     value     of 
the  franchise  or  grant  under  which  such  plant  and  property  is  being  op- 
erated. 

(b)  That  upon  payment  by  the  City   of  La   Grande   of  a  fair  valua- 
tion as  above  stated,  the  plant  and  property  so  acquired  shall  become  the 
property  of  the  City  without  formal  execution  of  any  instrument  of  con- 
veyance, provided,  however,  the  City  may  at  its  option  compel  the  execu- 
tion to  it  of  an  instrument  of  transfer  and  conveyance. 

(c)  That    upon    the    acquisition    of  .any    such    plant    or    property    the 
right   of   the   holder   of  any   such   franchise   pursuant   to   which   such   plant 
or  property  was   operated   shall   cease   and   determine,   and   the   acquisition 
by    the    City    of   any    such   property    or   plant    shall    operate    to    divest    the 
holder  of  any  such  franchise  of  all  right,  title  and  interest  therein. 

(d)  No  franchise  shall  be  granted  without  fair   compensation   to  the 
City  therefor,  either  by  way  of  direct  payment  or  by  reduction   of  rates, 
fares  or  charges;   and  in  addition  to  the   other  forms   of   compensation   to- 
be  therein  provided,  the  grantee  may  be  required  to  pay  annually  to  the 
City  such  part  of  its  gross  receipts  as  may  be  fixed  in  the  grant  of  said 
franchise.  This  provision  shall  not  exempt  the  holder  of  the  franchise  from 
any  lawful  taxation  upon  its  property  nor  from  any  license,  charge  or  im- 
position not  levied  on  account  of  such  use. 

(e)  Every    franchise    and    all    things    constructed    thereunder    or    used 
in  connection  therewith,  other  than  rolling  stock  and  power,  shall  be  sub- 
ject to  common  use  by  any  person  or  corporation,  including  the  City,  op- 
erating a  similar  public  utility  whenever  it  shall  be  advantageous  to  the 
public,   upon  payment  or   tender   of  fair  compensation   for   such   use.     The 
compensation  for  the  franchise  itself  shall  be  payable  only  to  the  City  and 
not  to   the   holder   of  the   original   franchise.     The   Commission    shall    have 
power  to  determine  what  is  a  fair  compensation  and  to  regulate  the  man- 
ner of  such  use  subject  to  judicial  review,  but  no  judicial  proceeding  shall 
suspend  or   postpone   such   use  if  the  person   or  corporation   desiring   such 
common  use  shall  deposit  in  the  court  such  sum  as  the  court  on  a  prelim- 
inary  hearing   may   determine.      Such   compensation    shall   not   include    any 
remuneration    for    the    franchise    or    rights    conferred    by    the    City,    except 
that  the  new  user  may  be  required  to  pay  a  ratable  part  of  any  tax  or 
public  charge  imposed  upon  the  original  grantee  by  reason  of  such  fran- 
chise in  addition  to  such  other  payment  to  the  City  as  the  Commission  may 
deem   equitable. 

(f)  The  holder  for   the   time  being   of  any  franchise   to  construct   or 
operate  railways  in  the  streets  or  public  places   shall   keep  those   portions 
of  streets  or  other  places  occupied  by  such  holder,  in  good  repair,  or  or- 
der,  as   required   by   the    Commission,   and   shall   improve,   pave,    or   repair 
and  maintain  from  time  to  time  and  in  the  manner  and  within  the  time  di- 
rected by  the  Commission,  that  portion  of  the  street  occupied  by  them  ly- 
ing between  the  rails  of  the  track  and  extending  one  foot  outside  of  such 
rail,  and  the  portion  of  the  streets  lying  between  the  tracks.     In  addition, 
any  franchise   granted   to   any   street   or   other   railroad,   for   the    operation 
thereof,  may  provide  that  the  holder  thereof,  for  the  time  being  shall  paver 


MANAGERIAL  SYSTEM  28 


repave  and  keep  in  repair  at  the  time  and  in  the  manner  required  by  the 
Commission  any  street  or  part  thereof  used  pursuant  to  such  franchise 
for  the  whole  or  any  part  of  the  entire  width  of  the  street.  Failure  or 
neglect  on  the  part  of  any  holder  of  a  franchise  to  do  the  work  in  the 
manner  and  within  the  time  required  by  the  Commission  shall  constitute 
an  offense  punishable  by  a  fine  of  not  less  than  ten  ($10)  dollars  nor  more 
than  one  hundred  dollars  ($100.00)  for  each  and  every  day  such  refusal 
or  neglect  shall  continue. 

Franchise;  Owners  of,  to  File  Statements 

Section  16.  Within  ninety  (90)  days  after  this  Charter  shall  take  ef- 
fect, the  holder  of  any  franchise  shall  file  with  the  Recorder  a  full  and 
correct  statement  of  the  franchise,  rights  and  privileges  owned  or  claimed 
to  be  owned  by  him  or  it,  and  shall  designate  the  same  by  numbers  and 
titles  of  the  ordinances  by  which  such  franchises  were  granted,  and  any 
holder  of  any  franchise,  on  failure  to  do  so,  shall  be  guilty  of  an  offense 
punishable  by  a  fine  of  not  less  than  ten  dollars  ($10)  and  not  more  than 
one  hundred  dollars  ($100.00)  per  day  while  such  refusal  or  neglect  con- 
tinues. 

CHAPTER  VIII 
DUTIES  OF  OFFICERS 

Municipal  Court 

Section  1.  The  Municipal  Judge  is  the  judicial  officer  of  the  cor- 
poration and  shall  hold  court  therein  at  such  place  as  the  Commission  shall 
provide,  which  court  shall  be  known  as  the  "Municipal  Court."  He  shall 
be  appointed  by  the  Commission  and  hold  his  office  during  the  pleasure 
of  the  Commission,  as  hereinbefore  provided. 

Jurisdiction 

Section  2.  He  shall  have  jurisdiction  of  all  offenses  defined  and  made 
punishable  by  any  ordinance  of  the  City,  and  of  all  actions  brought  to 
recover  or  enforce  any  forfeitures  or  penalty  declared  or  given  by  ordi- 
nance, which  actions  and  offenses  shall  be  tried  in  the  manner  and  with 
like  effect  as  is  provided  by  the  laws  of  the  State  of  Oregon,  for  Courts 
of  the  Justice  of  the  Peace,  except  without  the  intervention  of  a  jury,  but 
the  defendant  shall  have  the  right  of  appeal  in  all  cases  to  the  Circuit 
Court  of  the  State  of  Oregon  for  Union  County  from  any  judgment  ren- 
dered by  said  Municipal  Judge,  provided  said  appeal  shall  be  taken  and  al- 
lowed and  the  appeal  perfected  in  the  manner  provided  by  the  laws  of 
the  State  of  Oregon,  relating  to  appeals  from  judgments  in  criminal  ac- 
tions rendered  in  Justice  of  the  Peace  Courts.  No  appeal  shall  be  allowed 
where  the  fine  is  less  than  Twenty  Dollars  ($20.00)  or  the  imprisonment 
less  than  ten  (10)  days;  and  he  shall  likewise  have  within  the  City  of  La 
Grande  the  jurisdiction  and  authority  of  a  Justice  of  the  Peace  and  com- 
mitting magistrate,  and  shall  be  subject  to  all  the  laws  of  the  State  pre- 
scribing the  duties  of  a  Justice  of  the  Peace  and  mode  of  performing  them, 
except  as  herein  provided. 

When  acting  as  Justice  of  the  Peace,  the  right  of  trial  by  jury  shall 
be  as  in  the  Justice's  Court,  and  costs  and  disbursements  assessed  as  there- 
in; and  the  fees  prescribed  by  law  shall  belong  to  the  Municipal  Judge,  as 
in  the  case  of  a  Justice  of  the  Peace. 

Fines  and  Penalties 

Section  3.  All  fines  imposed  by  said  Municipal  Judge  and  all  penal- 
ties recovered  before  him  for  a  violation  of  a  City  ordinance  shall  when 
received  or  collected,  be  forthwith  paid  by  the  City  Recorder  to  the  City 
Treasurer  who  shall  give  him  a  receipt  therefor,  which  shall  be  filed  in 
the  Recorder's  office. 

General  Management 

Section  4.  The  General  Manager  shall  have  absolute  control  and 
supervision  over  all  officers  and  employees  of  the  City  except  the  Com- 
missioners and  Municipal  Judge,  and  he  shall  have  power  to  appoint  all 
officers  prescribed  by  this  Charter,  except  the  Commissioners  and  Muni- 
cipal Judge,  to  employ  such  additional  help  as  may  be  necessary  to  carry 


29  A   COMMISSION   CITY   CHARTER 


on  and  perform  the  business  affairs  and  departmental  work  of  the  City. 
He  shall  have  power  to  discharge,  with  or  without  cause,  any  person  ap- 
pointed or  employed  by  him;  he  shall  see  that  the  business  affairs  of  the 
municipal  corporation  are  transacted  in  a  modern,  scientific  and  business- 
like manner  and  the  services  performed  and  the  records  kept  shall  be  as 
nearly  as  may  be  like  those  of  an  efficient  and  successful  private  corpo- 
ration; he  shall  be  accountable  to  the  Commission  for  his  actions,  con- 
duct and  management  of  the  business  and  may  be  discharged  at  the  will 
of  the  Commission,  with  or  without  cause;  he  shall  perform  such  duties 
as  may  be  required  by  the  Charter  or  ordinances  of  the  City  or  specially 
required  of  him  by  the  Commission. 

Duties  of  the  Recorder 

Section  5.  The  Recorder  shall  be  the  clerk  of  the  Commission  and 
with  him  must  be  filed  all  claims  and  accounts  against  the  City;  he  shall 
keep  accurate  minutes  of  all  proceedings  of  the  Commission  and  he  shall 
take  charge  of  and  safely  keep  all  the  papers  and  records  of  the  corpo- 
ration, including  all  bonds  except  his  own,  unless  otherwise  provided;  he 
shall  be  ex-officio  clerk  of  the  Municipal  Court,  and  shall  keep  an  accu- 
rate record  of  all  judicial  business  transacted  by  said  Court,  and  file  and 
preserve  all  the  records  thereof;  he  shall  perform  such  other  duties  as 
the  Commission  may  require. 

Monthly  Statements 

Section  6.  The  Recorder  shall  make  out  and  present  to  the  Com- 
mission a  monthly  statement  of  all  moneys  received  or  collected  by  him 
for  the  City,  and  of  all  licenses  issued  and  all  warrants  drawn  on  the 
City  Treasurer,  and  such  other  statements  as  the  Commission  may  require. 

Claims  Against  the  City 

Section  7.  All  demands  and  accounts  against  the  City  shall  be  pre- 
sented to  the  Recorder  on  or  before  the  first  day  of  each  month  with 
the  necessary  evidence  in  support  thereof,  who  shall  refer  them  to  the  Gen- 
eral Manager  for  his  approval  or  disapproval,  and  thereafter  he  shall  re- 
fer them  to  the  Commission  at  its  next  regular  meeting,  together  with 
any  suggestions  or  explanation  which  he  may  deem  proper  and  perti- 
nent. All  such  demands  and  accounts  except  salaries,  labor  certificates 
and  contract  bills,  shall  lie  over  from  the  meeting  at  which  they  were 
presented  until  the  next  regular  meeting,  when  the  Commission  shall  vote 
directly  whether  the  same  shall  be  paid  in  whole  or  in  part,  as  they  may 
deem  just  and  legal;  provided  that  no  claim  shall  be  allowed  or  paid  or 
warrant  drawn  therefor  that  is  not  for  a  corporate  purpose.  All  accounts 
shall  be  balanced  at  the  end  of  each  month. 

Warrants,  How  Drawn 

Section  8.  When  the  Commission  orders  any  account  or  demand  to 
be  paid,  the  Recorder  shall  draw  a  warrant  on  the  Treasurer  for  the 
amount,  which  warrant,  when  so  drawn,  shall  be  signed  by  the  Presi- 
dent of  the  Commission  and  attested  by  the  Recorder,  and  when  deliv- 
ered to  the  payee  shall  be  receipted  for  by  him. 

Recorder's  Official  Title 

Section  9.  The  Recorder's  name  of  office,  whether  acting  as  Recor- 
der, clerk  of  the  Commission,  clerk  of  the  Municipal  Court,  or  otherwise 
shall  be  Recorder  of  the  City  of  La  Grande. 

Issue  Licenses 

Section  10.  The  Recorder  must  issue  all  licenses  authorized  by  the 
City  ordinances  upon  delivery  to  him  of  the  receipt  of  the  City  Treas- 
urer for  the  amount  of  the  money  for  such  license;  provided,  that  in  cases 
where  the  provisions  of  this  Charter,  or  any  City  ordinances  shall  re- 
quire a  special  order,  license  shall  only  issue  upon  receipt  of  such  spec- 
ial order  by  the  Commission. 

Books  of  Account 

Section  11.  Books  of  Account,  showing  accurately  and  in  detail,  under 
the  supervision  of  the  City  Recorder,  shall  be  kept  showing  therein  re- 
ceipts and  disbursements,  and  all  sums  appropriated,  the  date  thereof, 


MANAGERIAL   SYSTEM  80 


the  date  and  amount  of  all  orders  and  warrants  drawn  upon  the  Treas- 
urer, and  to  whom  payable,  and  referring  to  the  minutes  of  the  Commis- 
sion for  authority  for  such  warrants,  and  all  such  other  matters  and 
things  as  may  be  prescribed  by  ordinance  or  be  proper  or  necessary 
to  a  correct  understanding  of  the  City's  finances. 

Administer  Oaths 

Section  12.  The  General  Manager,  Recorder  and  Municipal  Judge  are 
each  authorized  to  administer  any  oath  authorized  or  required  to  be  taken 
by  any  law  of  this  state  or  by  any  ordinance  of  this  City. 

Treasurer,  Duties  of 

Section  13.  The  Treasurer  shall  receive  and  safely  keep  all  the  mon- 
eys that  shall  come  into  his  hands  belonging  to  the  City  of  La  Grande 
and  shall  pay  the  same  over  upon  a  warrant  signed  by  the  President  of 
the  Commission  and  the  Recorder.  He  shall  keep  a  correct  account  of  his 
receipts  and  disbursements,  and  at  all  times  keep  his  books  open  for  the 
inspection  of  the  Commission,  the  General  Manager  of  the  City  or  any 
other  interested  party,  and  at  the  expiration  of  his  term  of  office,  or  up- 
on his  removal  therefrom,  he  shall  turn  over  to  his  successor  all  moneys, 
books  and  papers  in  his  custody  belonging  to  his  office.  He  shall  be  the 
custodian  of  the  bond  of  the  City  Recorder;  and  shall  perform  such  other 
duties  as  are  provided  for  by  this  Charter,  the  ordinances  or  special  or- 
ders of  the  Commission. 

Citv  Attorney 

Section  14.  The  City  Attorney  shall  be  an  attorney  of  the  Supreme 
Court  of  the  State  of  Oregon,  and  shall  be  an  elector  of  the  City  of  La 
Grande  and  the  State  of  Oregon  at  the  time  of  his  appointment.  He  shall 
be  the  public  prosecutor  of  the  City;  and  it  shall  be  his  duty  to  diligently 
inquire  into  and  prosecute  in  the  Municipal  Court  all  violations  and  in- 
fractions of  the  City  ordinances;  and  he  shall  be  the  legal  representative 
of  the  City  in  any  court  in  which  the  City  is  a  party,  either  in  the  first 
instance  or  on  appeal  or  on  a  review.  He  shall  be  the  legal  advisor  of 
all  City  officers,  and  it  shall  be  his  duty  to  prepare  all  proposed  amend- 
ments to  the  Charter,  City  ordinances,  contracts,  bonds  or  other  legal  pa- 
pers on  request  of  the  proper  officials,  in  which  the  City  is  a  party  or 
interested;  and  he  shall  perform  such  other  duties  as  may  be  prescribed 
by  ordinance. 

Police 

Section  15.  The  Chief  of  Police  shall  be  the  chief  peace  officer  of 
the  City,  and  shall  have  the  control  and  disposition  of  such  police  officers 
•*s  many  be  appointed,  either  temporarily  or  permanently.  It  shall  be 
the  ^uty  of  the  police  to  preserve  the  peace  and  quiet  of  the  City,  to  dili- 
gently inquire  into  and  make  complaint  against  all  persons  guilty  of  the 
violation  of  any  of  the  City  ordinances  or  crimes,  prevent  crime,  arrest  of- 
fenders, protect  the  rights  of  persons  and  property,  and  generally  obey  and 
enforce  all  the  ordinances  of  the  City  and  criminal  laws  of  the  State  and 
of  the  United  States;  and  to  perform  such  other  duties  as  may  be  pre- 
scribed by  ordinance  or  by  order  of  the  Commission;  and  they  shall  have 
the  general  authority  of  a  peace  officer  of  the  State  of  Oregon. 

City  Engineer 

Section  16.  The  City  Engineer  shall  have  the  supervision  of  all  sur- 
veys of  streets,  squares,  parks  and  all  construction  work  done  thereon, 
either  by  contract  or  otherwise;  and  he  shall,  when  requested  by  the  Com- 
mission or  General  Manager,  furnish  profile  maps,  plans,  specifications, 
and  estimates  of  all  public  work  and  buildings  in  which  the  City  may  be 
interested,  including  the  laying  of  sewers  and  water  mains  and  pipes;  and 
he  shall  certify  to  the  Commission  or  the  General  Manager,  when  so  re- 
quested, his  findings  regarding  the  completion  of  any  contract  for  any 
street,  park,  building  or  other  improvement  in  which  the  City  may  be  a 
party;  and  he  shall  perform  such  other  duties  as  may  be  prescribed  by 
ordinance. 


31 A   COMMISSION   CITY   CHARTER 

Water  Superintendent 

Section  17.  It  shall  be  the  duty  of  the  Water  Superintendent  to  have 
the  general  oversight  and  control  of  the  water  department  of  the  City 
under  the  direction  of  the  General  Manager  and  the  laying  of  water  pipes; 
and  he  shall  perform  such  other  duties  as  may  be  prescribed  by  ordinance. 

Fire  Department 

Section  18.  It  shall  be  the  duty  of  the  Chief  of  the  Fire  Department 
to  have  the  control  and  disposition  of  all  firemen,  either  voluntary  or 
paid,  and  the  control  and  management  and  disposition  of  all  men  in  case 
of  fire,  and  all  the  machinery  of  the  department;  and  he  shall  perform 
such  duties  as  may  be  prescribed  by  ordinance. 

City   Health  Officer 

Section  19.  The  City  Health  Officer  shall  have  control  and  jurisdic- 
tion of  all  questions  relating  to  the  public  health,  quarantines  of  all  con- 
tagious and  infectious  diseases,  all  sanitary  regulations,  birth  and  death 
records,  and  shall  have  the  sanitary  supervision  of  all  public  buildings 
in  the  City,  and  he  shall  determine  when  any  unsanitary  condition  be- 
comes a  public  nuisance;  and  he  shall  perform  such  other  duties  as  shall 
be  prescribed  by  ordinance. 

Street  Superintendent 

Section  20.  The  Street  Superintendent  shall  have  charge  of  all  the 
streets,  alleys  and  parks  of  the  City,  and  it  shall  be  his  duty  to  see  that 
they  are  kept  clean  and  in  good  condition,  and  he  shall  perform  such  other 
duties  as  shall  be  prescribed  by  ordinance. 

CHAPTER  IX 

OF  ASSESSMENT  AND  COLLECTION  OF  DELINQUENT  TAXES 

General  Fund 

Section  1.  All  moneys  paid  for  licenses  and  collected  as  fines  as  well 
as  all  money  collected  by  taxation,  except  taxes  levied  for  a  special  pur- 
pose, shall  form  the  general  fund  of  the  City;  provided,  that  the  Com- 
mission may  create  other  funds  for  special  purposes,  or  improvement,  dis- 
trict funds.  Warrants  drawn  upon  the  general  fund  shall  be  payable  in 
the  order  of  their  presentment  to  the  Treasurer;  the  Commission  shall 
have  the  power  to  invest  trust  funds,  sinking  funds  and  improvement  dis- 
trict funds  in  interest  bearing  securities,  which  securities  shall  be  of  such 
value  and  salability  that  the  Commission  may  realize  upon  the  same  with- 
in a  reasonable  time,  the  interest  received  from  the  investment  thereof 
shall  be  used  to  recoup  the  City's  liability  for  other  interest  or  bonded 
indebtedness. 

Manner  of  Assessing  Taxes 

Section  2.  All  taxes  except  as  in  this  Charter  otherwise  provided, 
shall  be  assessed,  levied  and  entered  upon  the  tax  roll  of  Union  County, 
Oregon,  in  accordance  with  the  general  laws  of  the  State  of  Oregon,  re- 
lating to  the  assessment  and  levying  of  taxes,  in  force  at  the  time  of 
assessment,  and  shall  be  collected  by  the  same  officer  collecting  county 
taxes  in  said  Union  county,  and  at  the  same  time  as  said  county  taxes 
are  collected,  and  shall  be  paid  over  to  the  City  Treasurer  of  the  City  of 
La  Grande  upon  demand,  as  provided  by  law. 

Fixing  Amount  of  Taxation 

Section  3.  Immediately  after  the  County  Clerk  of  Union  County  has 
ascertained  the  aggregate  valuation  of  assessable  property  within  the  City 
limits  of  the  City  of  La  Grande,  and  shall  furnish  a  certificate  showing 
the  aggregate  value  thereof  as  provided  by  law,  it  shall  be  the  duty  of 
the  Commission  at  a  meeting  held  prior  to  the  first  day  of  December  of 
each  year,  to  meet  and  by  ordinance,  annually,  levy  such  taxes  and  assess- 
ments as  the  Commission  may  consider  necessary,  not  exceeding  the  limit 
fixed  by  this  Charter,  and  cause  the  same  to  be  certified  to  the  County 
Clerk  of  Union  County;  and  the  same  shall  be  thereafter  proceeded  with 
as  provided  by  the  general  laws  of  the  State  of  Oregon  relating  to  the 


MANAGERIAL  SYSTEM  32 


mode  of  making  assessments,  collecting  and  payment  of  taxes. 
Interest  on  Taxation  by  Local  Assessment 

Section  4.  All  special  taxes  derived  by  taxation  by  local  assessment 
shall  bear  interest  at  the  legal  rate  from  the  time  the  same  are  delin- 
quent until  paid  or  collected,  and  the  Recorder  must  collect  and  pay  the 
same  to  the  Treasurer  for  credit  to  the  proper  fund  of  the  City. 

Time  of  Payment 

Section  5.  The  Commission  must  provide  by  ordinance  a  time  when 
such  special  assessments  shall  be  paid  to  the  Recorder  and  all  assessments 
not  paid  within  such  time  are  thereafter  delinquent  and  must  be  collected  as 
such,  and  a  penalty  of  five  (5)  per  cent  shall  be  added  thereto,  and  such 
delinquent  taxes  and  interest  must  be  collected  as  such. 
Special  Assessment  Rolls 

Section  6.  Thirty  days  after  the  expiration  of  the  time  limited  for 
paying  taxes  levied  by  local  assessments  to  the  Recorder,  said  officer  must 
return  said  roll  to  the  Commission,  distinguishing  thereon  the  amount  of 
taxes  paid  and  those  remaining  unpaid. 

Warrants  Directed  to  the  Chief  of  Police 

Section  7.  The  Commission  must  thereafter  order  the  Recorder  to 
deliver  the  said  roll  to  the  Chief  of  Police  and  issue  and  annex  thereto 
a  warrant  directed  to  the  Chief  of  Police,  commanding  him  to  proceed 
forthwith  to  collect  the  delinquent  taxes  upon  such  roll,  together  with 
the  penalty  and  interest  accrued  thereon,  and  pay  the  same  to  the  Re- 
corder, together  with  the  cost  of  collection,  for  deposit,  and  return  the 
warrant  and  assessment  roll  with  his  doings  endorsed  thereon  and  the  re- 
ceipt of  the  Recorder  for  the  funds  collected  to  the  Commission. 

Warrant  Deemed  to  be  Execution 

Section  8.  The  warrant  for  the  collection  of  such  delinquent  taxes 
and  assessments  shall  be  deemed  an  execution  and  shall  have  the  force 
and  effect  thereof  against  the  property  of  any  person,  firm  or  corpora- 
tion against  which  such  taxes  or  assessments  are  levied  and  upon  which 
the  same  are  a  lien,  and  said  warrant  shall  be  executed  and  returned  to 
the  Commission  in  like  manner  as  an  execution  for  the  sale  of  real  prop- 
erty upon  a  decree  of  foreclosure  of  a  lien  thereon. 
Levy  Made  on  Real  Property 

Section  9.  The  Warrant  must  be  levied  upon  the  real  property  covered 
by  the  lien  for  the  taxes  and  assessments  charged  against  the  same,  in- 
cluding the  fees  of  officers,  advertising  and  all  expense  of  sale  and  exe- 
cuting the  warrant. 

Owner  Unknown 

Section  10.  In  case  of  delinquent  taxes  or  assessments  levied  upon 
real  property  in  the  name  of  the  owner  unknown,  the  warrant,  together 
with  penalty  and  accrued  interest  thereon,  shall  be  executed  by  levying 
upon  each  lot  or  part  thereof  of  such  property  for  the  taxes  or  assess- 
ments levied  thereon,  together  with  the  fees  of  officers,  the  expenses  of 
advertising  and  sale  and  selling  it  separately. 

Deed  of  Chief  of  Police 

Section  11.  When  real  property  is  sold  for  delinquent  taxes  or  as- 
sessments, the  Chief  of  Police  shall  make  and  deliver  to  the  purchaser, 
upon  the  payment  to  him  of  fifty  (50)  cents  for  the  benefit  of  the  City, 
a  certificate  of  sale  therefor,  and  thereafter,  if  such  sale  be  of  real  prop- 
erty and  the  same  be  not  redeemed,  a  deed  shall  be  executed  by  the  Chief 
of  Police  to  the  purchaser  thereof,  or  to  his  assigns,  at  the  expiration  of 
the  time  for  redemption.  The  purchaser  shall  be  entitled  to  the  possess- 
ion of  said  property  from  the  day  of  the  sale. 

Real  Property;  Redemption  of 

Section  12.  Real  property  sold  for  delinquent  taxes  or  assessments 
may  be  redeemed  within  three  years  after  the  sale,  upon  the  payment  of 
the  amount  of  taxes,  penalty,  interest,  accrued  up  to  the  time  of  the  sale, 


A   COMMISSION   CITY   CHARTER 


the  expenses  of  the  sale  and  interest  at  the  rate  of  ten  (10)  per  centum  per 
annum  from  the  day  of  the  sale. 

Surplus  Paid  to  Owner 

Section  13.  Whenever  any  property  sold  for  delinquent  taxes  or  as- 
sessments shall  bring  more  than  the  amount  of  such  taxes  or  assessments, 
the  penalty  and  interest,  and  the  costs  and  charges  of  collection,  the  surplus 
must  be  paid  to  the  Treasurer,  and  the  person  executing  the  warrant  must 
take  a  receipt  therefor,  and  file  the  same  with  the  Commission  on  the 
return  of  the  Warrant.  At  any  time  within  six  (6)  years  thereafter  the 
owner  of  the  property  sold,  or  his  legal  representative,  is  entitled  upon 
demand  to  a  warrant  on  the  Treasurer  for  such  surplus. 

True  Consideration  Named 

Section  14.  In  all  cases  of  sale  of  property  for  delinquent  taxes  or 
assessments,  the  true  consideration  thereof  shall  be  expressed  in  the  cer- 
tificate of  sale  therefor,  and  the  return  of  the  officer  executing  the  war- 
rant must  express  the  consideration  and  the  name  of  the  purchaser. 

Alias  Warrant;  Costs  of  Collection 

Section  15.  The  Commission  may  provide  within  what  time  a  war- 
rant for  collection  of  delinquent  taxes  or  assessments  may  be  returned, 
and  may  order  an  alias  warrant  to  issue  for  the  collection  of  any  such 
taxes  or  assessments  not  made  on  a  previous  warrant.  All  costs  and 
charges  for  collecting  delinquent  taxes  or  assessments  must  be  made  on 
the  warrant  and  collected  as  a  part  of  the  taxes  or  assessments.  The 
Commission  may  prescribe  fees  and  compensation  for  collecting  delinquent 
taxes,  but  the  same  shall  in  no  wise  be  paid  out  of  the  Treasury. 

Property  Not  Sold  for  Less  than  Taxes;  Advertise  Certificates  of  Sale 

Section  16.  All  real  property  shall  be  subject  to  levy  and  sale  for 
the  collection  of  delinquent  taxes  by  local  assessment,  whether  the  same 
is  exempted  from  general  taxation  by  the  Consitution  and  the  laws  of  the 
State  of  Oregon,  or  not. 

No  property  shall  be  sold  for  less  than  the  assessments  or  taxes  as- 
sessed against  it,  and  if  such  amount  is  not  bid,  the  Chief  of  Police  or 
officer  executing  the  warrant  shall  strike  the  same  off  to  the  City  for 
said  amount,  and  issue  to  the  City  a  certificate  of  sale  therefor.  The  Re- 
corder may  thereafter,  when  authorized  by  the  Commission,  assign  such 
certificate  to  anyone  paying  therefor  the  price  that  is  required  for  the  re- 
demption of  said  property,  and  the  Recorder  may  thereafter,  under  the 
direction  of  the  Commission,  once  each  year,  until  the  City  obtains  a  deed, 
advertise  and  offer  such  certificates  for  sale,  but  in  no  case  shall  he  sell 
for  less  than  the  amount  required  to  redeem  said  property,  until  the  City 
obtains  a  deed,  and  annually  thereafter  he  shall  advertise  the  land  for  sale, 
and  shall  sell  the  same  to  the  highest  bidder  for  cash,  subject  to  approval 
by  the  Commission,  irrespective  of  the  amount  of  taxes  charged  against 
the  same.  The  deed  of  the  Chief  of  Police  conveying  real  property  sold 
for  taxes  on  account  of  local  improvements,  shall  be  prima  facia  evidence 
of  the  regularity  of  said  proceedings,  and  no  action,  suit  or  procedure 
shall  be  brought  to  set  aside  the  same  without  first  tendering  to  the  pur- 
chaser or  his  assigns  the  amount  of  the  taxes,  penalty,  interest,  costs  and 
expenses  of  sale. 

City  a   Road  District;   Road  Taxes   Collected  Therein 

Section  17,  For  the  purpose  of  assessments  and  collection  of  road 
taxes,  the  territory  within  the  corporate  limits  of  the  City  of  La  Grande 
is  hereby  constituted  a  road  district  of  Union  County,  Oregon,  and  the 
Street  Superintendent  or  other  officer  of  the  City  who  has  charge  of  the 
repair  of  the  streets  and  highways  within  said  City,  is  hereby  made  Road 
Supervisor  for  said  district,  and  all  taxes  for  road  purposes  within  the 
corporate  limits  of  said  City,  when  collected,  shall  be  paid  to  the  Treas- 
urer of  said  City,  and  the  same  shall  be  kept  by  him  in  a  separate  fund 
for  road  and  street  purposes  within  said  district,  shall  be  paid  out  by 
him  upon  warrants  drawn  on  said  fund  by  order  of  the  Commission  of 
said  City. 


MANAGERIAL   SYSTEM  34 


CHAPTER  X 

OF  MISCELLANEOUS  PROVISIONS 
Fiscal  Year 

Section  1.  The  fiscal  year  of  the  City  shall  commence  on  the  first 
day  of  January  and  end  on  the  last  day  of  December,  same  year,  pro- 
vided the  budget  year  shall  begin  December  First  and  end  November  30th 
of  the  following  year. 

Licenses ;   Limitations 

Section  2.  Obtaining  a  license  from  Union  County,  shall  not  exempt 
one  from  paying  a  license  .to  the  City  of  La  Grande  for  like  business  oc- 
cupation. No  license  shall'  be  granted  for  vending,  dealing  in,  or  in  any 
manner  disposing  of  any  spirituous,  vinous,  fermented  or  malt  liquors 
to  be  drunk  on  the  premises,  within  four  hundred  feet,  measured  on  street 
lines,  of  any  block  on  which  a  public  school  building  is  situated  within 
the  City  of  La  Grande;  nor  shall  there  be  licensed  or  permitted,  more 
than  ten  (10)  such  places  where  such  liquor  is  to  be  disposed  of,  until 
the  population  of  the  City  reaches  eight  thousand  inhabitants,  and  there- 
after there  shall  be  no  more  than  one  such  place  licensed  for  each  eight 
hundred  inhabitants. 

Enacting   Clause  of  Ordinances;  Warrants 

Section  3.  The  enacting  clause  of  every  ordinance  shall  be:  "THE 
CITY  OF  LA  GRANDE  does  ordain  as  follows."  And  all  warrants  is- 
sued 'either  by  the  Recorder  or  in  the  Municipal  Court,  shall  run  in  the 
name -of  the  City  of  La  (Grande,  Union  County,  Oregon. 

Ordinances   Effective 

Section  3-a.  All  ordinances  shall  be  in  force  and  effect  from  and  af- 
ter thirty  (30)  days  after  their  passage,  unless  the  same  shall  contain 
an  emergency  clause,  when  the  same  shall  be  in  force  and  effect  from  its 
passage. 

The   Initiative   and   Referendum 

Section  4.  All  municipal  legislation  of  the  City  of  La  Grande  shall 
be  subject  to  the  Initiative  and  Referendum  and  the  provisions  of  the 
Statutes  of  the  State  of  Oregon  upon  these  subjects,  are  hereby  extended 
to  and  adopted  by,  this  Charter  as  the  method  of  carrying  into  effect  the 
powers  of  the  legal  voters  of  the  City  of  La  Grande,  affecting  municipal 
legislation  within  its  limits.  When  any  such  matter  as  adopted  as  afore- 
said shall  be  certified  by  the  City  Recorder,  the  Commission  shall  put  the 
same  into  effect  by  proclamation. 

Of   the    Recall 

Section  5.  Every  elective  officer  of  the  City  of  La  Grande  is  sub- 
ject, as  herein  provided,  to  recall  by  the  legal  voters  of  the  City  of  La 
Grande,  upon  filing  a  petition  with  the  Recorder,  demanding  the  recall  oi 
such  officer,  equal  to  not  less  than  twenty-five  (25)  per  cent  of  the  total 
number  of  votes  cast  at  the  last  preceding  general  City  election.  Said 
petition  shall  set  forth  the  reasons  for  said  demand.  If  the  officer  sought 
to  be  recalled  shall  tender  to  the  Recorder  his  resignation,  it  shall  be  ac- 
cepted, and  take  effect  on  the  day  it  is  offered,  and  the  vancancy  shall  be 
filled,  as  provided  heretofore  in  this  Charter.  If  said  officer  shall  not  resign 
within  five  (5)  days  after  the  petition  for  his  recall  is  filed,  the  Recorder 
shall  call  a  special  election  in  said  City  within  twenty  (20)  days  there- 
after to  determine  whether  the  legal  voters  will  recall  said  officer.  Said 
officer  shall  continue  to  perform  the  duties  of  his  office  until  the  result  of 
said  election  shall  be  officially  declared,  which,  if  a  majority  vote  for 
recall,  the  office  is  at  once  vacant.  The  office  may,  however,  be  sooner 
determined  by  legal  proceedings,  which  may  vacate  the  same  sooner  than 
the  election  which  shall  vacate  the  same.  Other  candidate  or  candidates 
for  the  office  may  be  nominated  to  be  voted  for  at  said  special  election, 
in  the  manner  prescribed  by  this  Charter. 

Official    Undertakings 

Section  6.  The  Commission  shall  by  ordinance  fix  the  amount  of  the 
official  undertaking  of  each  and  every  officer  of  the  City,  and  of  every 


35 A   COMMISSION   CITY    CHARTER 

other  person  who  may  be  required  by  this  Charter,  or  by  ordinance  to 
execute  and  file  an  official  bond;  provided,  that  such  undertaking  shall  be 
given  in  a  suitable  and  sufficient  sum  and  manner,  and  provided  further, 
that  an  approved  indemnity  bonding  company  upon  such  undertaking  may 
be  accepted  as  surety  thereto. 

Bonds  of  Subordinates 

Section  7.  Every  officer  may  require  of  his  deputies,  clerks  or  em- 
ployees, bonds  of  indemnity,  with  sufficient  sureties  for  the  faithful  per- 
formance of  their  duties,  the  penalties  in  which  shall  be  prescribed  by  or- 
dinance. Every  officer  shall  be  liable  to  the  City  on  his  official  un- 
dertaking or  bond  for  the  acts  and  commissions  of  his  deputies,  assistants, 
clerks  and  employees  appointed  by  him,  and  of  any  and  each  of  them, 
and  every  official  undertaking  or  bond  shall  contain  such  condition  or  pro- 
visions. 

Prohibitions  of  Officers  and  Employees 

Section  8.  No  Commissioner  or  other  officer  or  employee  of  the  City 
shall  be  or  become  directly  or  indirectly  interested  in,  or  in  the  perform- 
ance of,  any  contract  for  the  supply  of  labor  or  material  to  the  City,  or 
in  the  sale  of  any  article,  the  price  or  consideration  of  which,  is  payable 
from  the  City  Treasury,  or  in  the  purchase  or  lease  of  any  real  estate  or 
other  property  belonging  to  or  to  be  taken  by  the  City,  or  which  shall  be 
sold  for  taxes  or  assessments  or  by  virtue  of  legal  processes  at  the  suit  of 
the  City.  And  in  case  any  officer  or  employee  of  the  City  shall  be  in- 
terested personally  as  a  promoter  or  stockholder  in  any  nrm  or  corpo- 
ration, in  any  grant  or  privilege  or  franchise  sought  by  himself  or  his 
associates  or  such  firm  or  corporation  from  the  City  of  La  Grande,  or  any 
public  utility  which  is  sought  to  be  acquired  by  the  City,  or  which  is  of- 
fered for  sale  or  lease  by  the  City,  such  officer  or  employee  shall  be  in- 
capacitated to  take  any  part  in  the  negotiations  or  proceedings  connected 
with  the  giving  or  granting  of  such  grant,  privilege  or  franchise;  but  such 
negotiations  or  proceedings  and  acts  as  would  otherwise  be  conducted  by 
such  officer  or  employee  shall  be  conducted  and  done  on  behalf  of  the  City 
of  La  Grande  by  such  officer  and  employee  as  would  have  been  done  and  con- 
ducted the  same  in  the  absence  of  such  interested  officer  or  employee.  If 
any  officer  or  person  in  this  section  designated  shall  violate  the  pro- 
visions of  this  section  in  any  manner,  he  shall  forfeit  his  office,  and  all 
such  contracts,  grants,  privileges  or  franchises,  in  the  hands  of  others,  ex- 
cept a  purchaser  without  notice  for  value,  shall  be  void. 

Limit  of  Contracts 

Section  9.     Any  contract  entered  into  for  and  on  behalf  of   the   City 
of  La  Grande,  for  a  longer  period  than  five  (5)  years,  shall  be  null  and  void. 
Annual  Budget  Shall  be  Made 

Section  10.  At  the  third  regular  weekly  meeting  in  November  in  each 
year  the  Commission  shall  make  and  file  a  complete  budget  of  actual  rev- 
enues to  be  derived  from  all  sources  for  the  ensuing  year,  and  from  the 
total  of  that  estimate,  deduct  the  total  of  all  fixed  charges,  with  an  esti- 
mate of  all  proposed  expenditures  by  the  Commission  for  such  ensuing 
year,  which  shall  be  restricted  to  the  balance  found.  Any  liability  incurred 
by  the  Commission  to  be  paid  in  any  fiscal  year  or  any  warrant  or  other 
evidence  of  indebtedness,  except  on  special  assessment  funds,  and  judg- 
ments against  the  City  which  singly  or  in  the  aggregate  shall  be  in  ex- 
cess of  the  revenues  for  such  year,  shall  be  null  and  void  unless  there  is 
money  in  the  treasury  applicable  to  the  payment  thereof. 
Expenditures  of  Money;  How  Made 

Section  11.  No  indebtedness  for  current  expenses  shall  be  contracted 
in  excess  of  the  estimated  current  revenues,  nor  shall  money  be  expended 
or  payment  made  from  funds  of  the  City,  except  funds  derived  from 
special  assessments  against  specific  property  for  local  improvements,  un- 
til a  specific  appropriation  therefor  shall  have  been  made,  and  no  ordi- 
nance making  an  appropriation  of  money  shall  contain  any  provision  on 
any  other  subject,  except  as  otherwise  provided  in  this  Charter;  provided, 
however,  that  in  case  of  an  emergency  or  unforseen  calamity,  the  Commis- 


MANAGERIAL  SYSTEM 


sion  may  by  ordinance,  declaring  such  emergency,  borrow  money  and  evi- 
dence the  same  by  the  negotiable  promissory  note  or  notes  or  bonds  of 
the  City  in  a  sum  not  exceeding  five  thousand  dollars  ($5000.00).  Any 
Commissioner  voting  to  incur  an  indebtedness  in  excess  of  the  estimated 
current  revenues,  or  in  excess  of  the  amount  authorized  by  this  Charter, 
shall,  upon  trial  and  conviction  therefor,  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  ($100.00)  nor  more  than  five  hundred  dollars 
($500.00),  and  shall  forfeit  his  office  as  Commissioner. 

Public  Statements 

Section  12.  It  shall  be  the  duty  of  the  Recorder  to  publish  in  some 
newspaper  of  the  City,  statements  of  the  financial  condition  of  the  City, 
once  each  month,  verified  by  his  certificates. 

Favoritism  Prohibited 

Section  13.  Any  officer  of  the  City,  who  shall  aid  or  assist  a  bidder 
in  securing  a  contract  to  furnish  labor,  material  or  supplies,  or  permit  the 
same  to  be  done,  when  in  his  power  to  prevent,  at  a  higher  price  than  that 
proposed  by  any  other  bidder,  or  who  shall  favor  one  bidder  over  another, 
either  by  giving  cr  withholding  information  or  otherwise,  or  who  shall 
wilfully  mislead  any  bidder  in  regard  to  the  character  of  the  material  or 
supplies  called  for,  or  who  shall  knowingly  accept  materials  or  supplies 
of  a  quality  inferior  to  that  called  for  by  the  contract,  or  who  shall  know- 
ingly certify  to  a  greater  amount  of  labor  performed  than  has  been  act- 
ually performed,  or  to  receipt  for  a  greater  amount  or  different  kinds  of 
material  or  supplies  than  has  actually  been  received,  or  knowingly  per- 
mit the  same  to  be  done  when  within  his  power  to  prevent  the  same,  shall  be 
deemed  guilty  of  malfeasance  and  shall  be  punished  by  a  fine  of  not  less 
that  fifty  dollars  ($50)  nor  more  than  two  hundred  dollars  ($200.00)  and 
bhall  be  removed  from  office. 

Bonded  Indebtedness 

Section  14.  The  City  of  La  Grande  shall  not  have  power  to  issue  its 
bonds  for  any  purpose  or  to  incur  any  indebtedness  in  excess  of  ten  (10) 
per  cent  of  the  taxable  property  within  the  City,  the  amount  thereof  to 
be  ascertained  from  the  last  preceding  assessment  made  for  County  and 
State  purposes. 

Succession  of   Property   Interests,   Contracts,   Ordinances   and   Indebtedness, 

Continued  in  Force 

Section  15.  All  property,  real  and  personal,  rights,  privileges,  and  im- 
munities, together  with  all  books,  papers,  records,  deeds,  patents,  moneys, 
accounts  and  everything  now  held,  possessed  and  enjoyed  by  the  City  of 
La  Grande  at  the  taking  effect  of  this  Charter  shall,  by  the  operation  of 
this  Charter,  and  by  law,  pass  to  and  be  held  possessed,  retained,  and  en- 
joyed by  the  City  under  this  Charter,  and  all  contracts  heretofore  entered 
into  by  said  City  of  La  Grande,  are  hereby  continued  in  full  force  and 
effect  as  though  granted  by  the  City  of  La  Grande  under  this  Charter; 
and  all  bonded  and  other  legal  indebtedness  incurred  by  said  City  of  La 
Grande  and  in  full  force  at  the  taking  effect  of  this  Charter,  shall  be  ^and 
is  continued  in  full  force  and  effect  under  this  Charter,  and  all  resolutions 
and  ordinances,  and  orders  not  in  conflict  with  the  provisions  of  this  Char- 
ter, which  were  in  force  at  the  taking  effect  of  this  Charter  shall  remain 
in  full  force  and  effect  by  this  Charter,  except  that  where  this  Charter 
prescribes  the  method  of  performing  an  act,  such  method  herein  is  ex- 
clusive and  repeals  any  ordinance,  resolutions  or  order  prescribing  any 
other,  different  or  additional  method. 

Proof  of  Ordinances 

Section  16.  In  all  judicial  or  quasi-judicial  proceedings  in  this  state 
either  in  a  police  court,  or  in  any  state  or  federal  court  holden  therein, 
a  copy  of  any  ordinance  or  resolution  or  records  or  proceedings,  certified 
to  by  the  Recorder  shall  be  competent  evidence  of  the  provisions  and  pas- 
sage of  such  ordinance  or  resolution  or  adoption  of  such  records. 
Conveyance  of  Real  Property 

Section   17.     All   instruments  conveying  real   property  belonging  to  the 


A   COMMISSION   CITY   CHARTER 


said  City  shall  be  signed  by  the  Commissioners,  attested  by  the  Recorder 
and  the  seal  of  said  City  affixed  thereto,  and  shall  be  acknowlged  by  said 
signatory  officers,  witnessed  and  recorded  as  required  by  the  general  laws 
of  the  State  of  Oregon.  No  conveyance  not  thus  executed,  acknowledged, 
witnessed  and  recorded  shall  have  any  validity  whatever  against  the  City. 

This  Charter  in  Effect 

Section  18.  This  Charter  shall  go  into  effect  from  and  after  its  adop- 
tion by  a  majority  of  the  legal  voters  voting  thereon  cast  at  the  general 
election  to  be  held  in  the  City  of  La  Grande  on  the  2nd  Monday  in  Decem- 
ber, A.  D.  1915,  by  the  legal  voters  of  the  said  City  of  La  Grande,  Oregon. 

Passed  and  adopted  by  the  Commission  of  the  City  of  La  Grande,  in 

Union  County,  Oregon,  on  this day  of A.  D.  1915, 

by Commissioners  voting  therefor. 

Attest Recorder   of   the   City   of   La   Grande. 

The  above  Ordinance  is  hereby  approved  on  this day  of 

A.  D.  1915.  

President  of  the  City  of  La  Grande. 


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